The Weekly Update March 24, 2017
SMALL BUSINESS ADMINISTRATION Small Business Investment Companies: Passive Business Expansion and Technical Clarifications The delayed effective date for SBA’s final rule on Passive Business Expansion and Technical Clarifications occurred on March 21, 2017, when SBA re-opened the rule for additional public comments. SBA requires additional time to consider this final rule and determine whether any further changes are required. This final rule will go into effect on May 20, 2017. 82 Fed. Reg. 14428 GOVERNMENT CONTRACTS Homeland Security Acquisition Regulation (“HSAR”) – Extension of . . . Read More
GAO Reports On Government Contracting Trends
On March 8, 2017, GAO issued a report on government contracting trends from fiscal year (“FY”) 2011 through FY 2015. FY 2015 was the latest year for which there was complete data available at the time of GAO’s review. Using data from the Federal Procurement Data System-Next Generation, GAO tabulated statistics which will be of interest to government contractors. Discussed below are some of GAO’s findings. First, in FY 2015, federal agencies procured $438 billion in products and services. This . . . Read More
Whistleblowers Win Again: Your Confidentiality Agreements May Not Keep Your Information Safe
Imagine how you might react if an employee who agreed to keep your information confidential made it public, submitted it to a court as evidence in a public forum, or disclosed it to a jury. Furious may not even begin to describe it. Perhaps you would even seek legal recourse against that employee. But then you peel back a layer and find that the employee is claiming whistleblower status and arguing they should be protected from any such legal violations . . . Read More
Is Mediation Right for Your Dispute?
By Ambi Biggs You’ve probably heard that few cases that are filed in court actually are resolved by a trial. Although reported statistics vary, most depict that upwards of 90 percent of litigation results in a pre-trial settlement. These settlements can occur within days of the lawsuit being filed, after the discovery process has concluded, or even right on the steps of the courthouse as the parties arrive for trial. Considering the prospects of actually litigating a case to the . . . Read More
The Weekly Update March 17, 2017
SMALL BUSINESS ADMINISTRATION “SBA Administrator Honors Nation’s Top Small Businesses.” Small Business Administration Press Release, March 16, 2017. Retrieved from https://www.sba.gov. Administrator Linda McMahon, the head of the U.S. Small Business Administration (“SBA”), announced today this year’s Small Business Person of the Year winners from the 50 states, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands. All of the winners have been invited to attend ceremonies in Washington, D.C on April 30 – May 1 where . . . Read More
Choosing the Right Advisor for Your Strategic Transaction – Michael De Gennaro & John Shoraka – Set-Aside Alert
The Weekly Update March 10, 2017
OTHER NEWS “Senate Narrowly Passes Repeal of Obama Fair Pay, Safe Workplace Rule.” Government Executive, March 6, 2017. Retrieved from http://www.govexec.com . The Senate narrowly approved, by a vote of 49-48, a House-passed Congressional Review Act resolution of disapproval, overturning President Obama’s Fair Pay, Safe Workplaces Executive Order (“EO”) and handing a victory to contractors who had blasted the EO and the Department of Labor’s (“DOL”) rule to implement it as “blacklisting.” The EO aimed to protect contractor employees from wage theft . . . Read More
Congress Overturns Fair Pay Safe Workplaces: GOP Deregulation Continues
Government contractors concerned over the potential impact of President Obama’s 2014 Executive Order 13673 “Fair Pay and Safe Workplaces” (EO) can breathe a sigh of relief. On March 6, 2017, the US Senate narrowly approved House Joint Resolution 37 (H.J. Res. 37), which overturns the EO in its entirety. All that remains now is for President Trump to sign the resolution into law, and with the stroke of a pen, years of debate and vitriol over the costs and constitutionality . . . Read More
Are Agencies Ignoring SBA’s Application of the Nonmanufacturer Rule to Resellers of Major Commercial Software?
Early last year, on January 26, 2016, SBA issued a new requirement that IT Value Added Resellers (“ITVAR”) under the footnote/exception to NAICS Code 541519 have to comply with the nonmanufacturer rule when reselling software under that code. Thus, according to the rule, any ITVAR must provide software that is manufactured (i.e., developed) by a small business unless a waiver of the nonmanufacturer rule is requested by the contracting officer and granted by SBA for each and every ITVAR procurement. . . . Read More
The Weekly Update March 3, 2017
GOVERNMENT CONTRACTS Presidential Executive Order on Enforcing the Regulatory Reform Agenda This Executive Order instructs the head of each agency to designate an agency official as its Regulatory Reform Officer (“RRO”) within 60 days. Each agency RRO will oversee the implementation of regulatory reform initiatives and policies to ensure that agencies effectively carry out regulatory reforms including (1) offsetting the number and cost of new regulations; (2) regulatory planning and review; and (3) the termination of programs and activities that . . . Read More