Comments on Proposed Rulemaking Regarding WOSB and EDWOSB Certification
PilieroMazza recently submitted comments on the U.S. Small Business Administration’s Advance Notice of Proposed Rulemaking Regarding Women-Owned Small Business and Economically Disadvantaged Women-Owned Small Business—Certification issued December 18, 2015, 80 Fed. Reg. 78,984. We represent many small business federal contractors, including women-owned and economically-disadvantaged women-owned small businesses (“WOSBs/EDWOSBs”). We submitted the comments to assist SBA in drafting a viable proposed rule that is fair and workable for WOSBs and EDWOSBs. Click here to read our comments in their entirety: SBA Should Delay . . . Read More
Comments on Advance Notice of Proposed Rulemaking Regarding Women-Owned Small Business and Economically Disadvantaged Women-Owned Small Business Certification
Includes comments on: SBA Should Delay Implementation and Work to Change the Law SBA Certification Program If SBA Adopts the Certification Requirement, SBA Should Be the Only Certifier Streamlined Application Process Concurrent Certification Through 8(a) Program Term of SBA Certification Third Party Certification New Regulations & Procedures Are Needed if SBA Permits Third Party Certification in Addition to SBA Certification All Certifiers Should Apply or Re-Apply Term of Third Party Certification No Repository Access for Third Party Certifiers Mentor-Protégé Agreements . . . Read More
SBA Closes the Door on Resellers of Major Commercial Software
On January 26, 2016, SBA issued its final rule regarding proposed size standard increases to numerous NAICS codes, but one thing that could impact many IT contractors is the new requirement and/or clarification from SBA that IT Value Added Resellers (“ITVAR”) under the footnote/exception to NAICS Code 541519 do have to comply with the nonmanufacturer rule when reselling software under that code. This change does not impact those ITVAR contractors who perform on contracts where the largest portion, by dollar . . . Read More
The SBA’s Final Rule on the 8.73 Percent Inflationary Adjustment to the Monetary-based Size Standards can be Confusing
On January 25, 2016, the Small Business Administration (“SBA”) issued a final rule, effective immediately, adjusting the monetary-based size standards for inflation by 8.73%. While this final rule may suggest that the size standards have been increased again following the increase that went into effect in 2014, it actually reflects the same adjustment the SBA made in 2014, when an interim final rule was issued increasing the size standards. Thus, firms interested in pursuing set-asides under the revenue-based size standards . . . Read More
Creativity and Controlled Risk: A Recipe for a Successful M&A Transaction
One prevailing theme in merger and/or acquisition (M&A) transactions is risk allocation. How much risk is either the buyer or seller willing to assume? And, separately, what level of risk must either party assume in order to get the deal done? Assuming neither party has all the negotiating leverage, both parties will need to take on some amount of risk. There is a life adage that says “time heals all wounds.” In M&A transactions, however, the opposite is true; and, . . . Read More
SBA Closes the Door on Resellers of Major Commercial Software – Cy Alba – Set-Aside Alert
The Weekly Update for February 5, 2016
SMALL BUSINESS ADMINISTRATION Small Business Investment Company Program Click here if you would like to download a copy . SMALL BUSINESS ADMINISTRATION Small Business Investment Company Program SBA proposed a rule defining a new class of small business investment companies (SBICs) that will seek to generate positive and measurable social impact, in addition to financial return. This proposed rule sets forth regulations applicable to Impact SBICs with respect to licensing, leverage eligibility, fees, reporting, and compliance requirements, 81 Fed. Reg. 5666 . Comments are due by March 4, 2016.
No Excuses for Untimely Proposal Submissions – Even if it’s Not Your Fault
We recently wrote about issues bidders have faced with submitting proposals via FedConnect that have led to GAO concluding the bidders’ proposals were untimely . In line with these decisions, GAO has again demonstrated its strict enforcement of solicitation instructions and deadlines in Matter of: Advanced Decisions Vectors, Inc., B-412307 (Jan. 11, 2016) by denying a bidder’s challenge to the Department of Homeland Security’s (DHS) decision not to consider the bidder’s quotation because the quotation was not received by the solicitation’s deadline. In Advanced Decisions Vectors, DHS issued an RFQ through the GSA’s e-Buy system to vendors holding contracts under the MOBIS . . . Read More
The Nuts and Bolts of a Labor and Employment Compliance Audit
This article is the final installment in a three-part series from PilieroMazza on the major labor law issues confronting employers in 2016 and how employers can effectively surmount those challenges. Over the last few weeks, we have written about significant changes in labor compliance in 2016. In addition to being prepared for those challenges, employers should consistently evaluate their employment policies and practices to ensure compliance with the complicated web of labor and employment laws at the federal, state, and . . . Read More
The Weekly Update for January 29, 2016
SMALL BUSINESS ADMINISTRATION Employee-Based Size Standards in Wholesale Trade and Retail Trade Small Business Size Standards: Inflation Adjustment to Monetary-Based Size Standards Industries with Employee-Based Size Standards Not Part of Manufacturing, Wholesale Trade, or Retail Trade Small Business Size Standards for Manufacturing DEPARTMENT OF LABOR Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act This week’s report follows, click here if you would like to download a copy . SMALL BUSINESS ADMINISTRATION Employee Based Size Standards in Wholesale Trade and Retail Trade The U.S. Small Business Administration (SBA or Agency) . . . Read More