The Weekly Update for August 12, 2016
GOVERNMENT CONTRACTS Procurement of Commercial Items OMB to Announce Final Decisions for 2017 NAICS Revisions LABOR AND EMPLOYMENT Amendment of Americans With Disabilities Act Title II and Title III This week’s report follows, click here if you would like to download a copy . GOVERNMENT CONTRACTS Procurement of Commercial Items DOD is proposing to amend the DFARS to implement sections of the National Defense Authorization Acts for Fiscal Years 2013 and 2016 relating to commercial item acquisitions as follows: (1) definitions of “market prices,” “market research,” “nontraditional defense contractor,” “relevant sales data,” and “uncertified cost . . . Read More
Don’t Miss Your Chance to Provide Feedback on the Government’s Strategic Plan for Professional Services
By Michelle Litteken On August 2, 2016, the General Services Administration (“GSA”) released the government’s new Professional Services Strategic Plan for industry comment. The Strategic Plan outlines the actions the government will take to manage spending for professional services. The professional services category is the second largest of the 10 category management categories with $63 billion in spending in FY 2015. This category includes business administrative services, marketing and distribution, public relations and professional communications, financial services, and technical and . . . Read More
The Weekly Update for August 5, 2016
SMALL BUSINESS ADMINISTRATION HUBZone and the National Defense Authorization Act for Fiscal Year 2016 Amendments GOVERNMENT CONTRACTS Detection and Avoidance of Counterfeit Electronic Parts Amendments Related to Sources of Electronic Parts This week’s report follows, click here if you would like to download a copy . SMALL BUSINESS ADMINISTRATION Small Business Mentor-Protégé Programs The SBA is amending its regulations to the HUBZone Program. The amendments: (1) authorize Native Hawaiian Organizations (“NHO”) to own HUBZone small business concerns; (2) expand the HUBZone Program to assist small businesses in disaster areas and base closure areas; and (3) . . . Read More
The Corporate Designee in Commercial Litigation – the Voice That Binds the Company
A corporate entity is regarded by the law as a “person” for purposes of standing to sue and be sued, but an organization, whether corporation, partnership, governmental organization, or other entity, can act only through its officers, directors or other agents. Accordingly, when a corporate entity becomes a party to a lawsuit, whether as a plaintiff or as a defendant, it will undoubtedly be required, at some point, to provide testimony at deposition in the course of the discovery phase . . . Read More
The SBA’s New Mentor-Protégé Program: The Dilemma of Hiring Project Managers
On July 25, 2016, SBA released its long-awaited final rule creating the new mentor-protégé program for all small businesses. Many aspects of the new rule are very exciting and should be beneficial for the small business community at large. However, buried in the lengthy rulemaking are a few provisions that will be problematic for small businesses when the rules go into effect on August 24, 2016. One of the problematic provisions will adversely effect how many small businesses form joint . . . Read More
SBA Releases Long Anticipated Final Rule Establishing Governmentwide Mentor-Protegé Program for All Small Business Concerns
On July 25, 2016, SBA published the eagerly anticipated Final Rule establishing a governmentwide mentor-protégé program for all small business concerns. While there are a few departures from the details outlined in the Proposed Rule released nearly a year and half ago, the Final Rule generally adheres to the plan outlined in the Proposed Rule, which was modeled on the existing 8(a) mentor-protégé program. The Final Rule also contains changes in other areas of SBA’s regulations, such as the rules applying to . . . Read More
FAQ on the Limitations on Subcontracting New Rules
We recently held a live seminar and a webinar on the new Limitations on Subcontracting (“LOS”) rule. We reviewed the questions submitted during the sessions, and noticed that many of the same questions were being asked by attendees. We hope this article addresses several questions you may also have on LOS. We have grouped those questions by topic. Construction vs. Supplies vs. Services We received a couple of questions asking for clarification on which LOS rule applies to different . . . Read More
The Weekly Update for July 22, 2016
GOVERNMENT CONTRACTS Small Business Mentor-Protégé Programs DEPARTMENT OF JUSTICE Civil Monetary Penalties Inflation Adjustment This week’s report follows, click here if you would like to download a copy . GOVERNMENT CONTRACTS Small Business Mentor-Protégé Programs The U.S. Small Business Administration (“SBA”) is amending its regulations to implement provisions of the Small Business Jobs Act of 2010, and the National Defense Authorization Act for Fiscal Year 2013. Based on authorities provided in these two statutes, the rule: (1) establishes a government-wide mentor-protégé program for all small business concerns, consistent with SBA’s mentor-protégé program for participants in . . . Read More
Size Recertification Now Required for Pending Proposals After M&A – Katie Flood – Set-Aside Alert
NLRB to Collect More Data About Federal Contractors Charged with Unfair Labor Practices
By Julia Di Vito On July 1, 2016, the National Labor Relations Board (“NLRB”) announced that it will ask employers that receive unfair labor practice complaints to report information that would identify them as government contractors. Anne Purcell, Associate General Counsel of the NLRB, issued Memorandum OM 16-23 to the NLRB’s regional offices directing the NLRB to collect additional data points regarding employers charged with unfair labor practices. This new practice is in furtherance of the 2014 Fair Pay and . . . Read More