The Weekly Update July 14, 2017
FEDERAL AGENCIES “VA Veteran-Owned Small Business Verification Guidelines.” Federal Register, July 12, 2017. Retrieved from federalregister.gov . Department of Veterans Affairs (VA) published a final rule in the Federal Register revising the required re-verification of ownership and control of veteran-owned small businesses (VOSBs) as well as service-disabled veteran-owned small businesses (SDVOSBs). The VA will now re-verify SDVOSB/VOSB every three years, rather than every two years. “GSA releases statement on FBI Headquarters.” GSA News Release, July 11, 2017. Retrieved from gsa.gov. The . . . Read More
Be Prepared – Be Proactive About Defending Size Protests
Imagine that after months of diligently working on a proposal for a set-aside contract, you learn that your company has been identified as the apparent successful offeror. Then, a few days later, you receive an email from the Small Business Administration (“SBA”) notifying you that another offeror has filed a size protest. The SBA’s email cites multiple regulations and instructs you to respond to the protest allegations. The SBA also directs you to complete a lengthy form called the SBA . . . Read More
The Weekly Update July 7, 2017
CAPITOL HILL “Assessment and Enforcement of Domestic Preferences In Accordance with Buy American Laws.” June 30, 2017. Retrieved from whitehouse.gov. The Office of Management and Budget and Department of Commerce issued a memo to provide agency guidance in accordance to Executive Order 13788, Buy American and Hire American. The memo prompts agencies to assess their compliance with all statutes, regulations, rules, and Executive Orders relating “Buy America” or “Buy American” and Federal procurement. In order to maximize the Federal Government . . . Read More
Borrowing Under the SBA’s 7(a) Lending Program: Three Factors to Bear in Mind
As an entrepreneur or a small business owner, you know that access to capital is a crucial component in both the setting up and growing of your business. Capital is necessary at every stage, for example, enabling your business to order goods before you expect to be paid, paying for accumulating overhead costs, investing in client development and marketing, etc. — having access to capital is the lifeline for your business. However, entrepreneurs and small business owners often find that it . . . Read More
A Quick Guide to Phantom Stock and Stock Appreciation Rights
In the government contracting world, companies are often reluctant to create true equity incentive plans, such as options and restricted stock units. Small businesses have valid reasons for hesitating to offer equity to new individuals, such as a lack of familiarity with the person, an interest in retaining as much ownership as possible in the event that an equity transaction is necessary in the future, and the SBA’s rules on ownership, control, and affiliation, including the so-called “Present Effect Rule.” . . . Read More
House Small Business Committee Approves Legislation Providing For Expedited Partial Payments of Requests for Equitable Adjustment to Small Construction Contractors
A common frustration faced by many small business government contractors, particularly in the construction industry, is how often agencies make very costly unilateral change orders during the course of performance. Although a contractor may be able to receive compensation for the additional work it has performed through a request for an equitable adjustment (“REA”), whether due to agency budgetary constraints or other issues, processing of REAs is often subject to significant delays. The contractor may have serious cash flow constraints . . . Read More
The Weekly Update June 30, 2017
LABOR AND EMPLOYMENT Occupational Safety and Health Administration, Department of Labor On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) published a rule entitled “Improve Tracking of Workplace Injuries and Illnesses” with an effective date of January 1, 2017 for the final rule’s electronic reporting requirements. The final rule sets an initial deadline of July 1, 2017, as the date by which certain employers are required to electronically submit the information from their completed 2016 Form 300A to . . . Read More
One Size Does Not Fit All: Hidden Size Certification Issues for 8(a) Contractors With Multiple Award Contracts
Savvy small business contractors holding Multiple Award Contracts (“MAC”) know that the small business size representations that they make at the outset of contract award will typically last the “life” of the contract, absent other size status recertification triggering events, such as a merger, acquisition, or contract novation. See, e.g., 13 C.F.R. § 121.404(g). This means that a contractor that represented itself as a small business at the time of contract award may continue to rely upon that small business . . . Read More
Congress Targets VA Procurement Abuse: Seeks Enforcement of Limitations on Subcontracting Rule
A bill was recently introduced in the U.S. House of Representatives, H.R. 2749, known as the Protecting Business Opportunities for Veterans Act of 2017 (“Bill”), which, if passed, would require the Department of Veterans’ Affairs (“VA”), in administering the Veterans First Contracting Program (“Vets First”), to identify and penalize violations of the limitations on subcontracting (“LOS”) rule, outlined in the Small Business Act and discussed here . As a quick primer, under the Vets First Law ( 38 U.S.C. § 8127 ), the VA (1) . . . Read More
Evolutions in Whistleblowing: What Federal Contractors Need to Know
Presented by Cy Alba and Sarah Nash Click here to view the recorded session.