SBA Gradually Approves of Hiring Key Personnel from an Alleged Ostensible Subcontractor
By Julia Di Vito The Small Business Administration (“SBA”) is undergoing a gradual shift in its views on small business prime contractors proposing to hire “key personnel” from their subcontractors in the context of the ostensible subcontractor rule. As most small business subcontractors who have been involved in a size protest know, the ostensible subcontractor rule provides that when a prime contractor is unusually reliant on the subcontractor, SBA will deem the prime contractor affiliated with its subcontractor in performing . . . Read More
PilieroMazza Legal Advisor – Fourth Quarter 2015
In this Issue: More Small Business Subcontracting Plan Changes: SBA Proposes to Allow Subcontracting Plan Credit for Small Business Subcontractors at any Tier Mastering Price Adjustments for Increases in the Contractor Minimum Wage Happy New Year: As we begin the new fiscal year, government contractors need to identify risks that affect both revenue and costs. If You Snooze, You May Lose – Be Mindful of the Statutes of Limitations if You Intend to Enforce Your Rights in a Court of . . . Read More
SBA Approval of 8(a) Joint Ventures – What Is Required Beyond the Regulations?
By Kimi Murakami Over the past several months, our firm has been approached by Section 8(a) companies throughout the country who have been advised by their SBA district offices that their 8(a) joint ventures would not be approved by the SBA. This disappointing news came in spite of the fact that the 8(a) company felt it had met the requirements for 8(a) joint ventures in the SBA rules (see 13 C.F.R. § 124.513). Based on the varied reasons for these . . . Read More
Five Signs Your Teaming Agreement Will Lead to Affiliation – Megan Connor & Peter Ford, Set-Aside Alert
Counterfeit Parts Rule: Do You Know Where Your Parts Came From?
By Michelle Litteken You may have heard about DFARS 252.246-7007, Contractor Counterfeit Electronic Part Detection and Avoidance System, also known as the “Counterfeit Parts Rule.” The rule requires contractors who provide electronic parts to the Department of Defense (“DOD”) to establish a counterfeit electronic part detection and avoidance system. When the Counterfeit Parts Rule was issued in May 2014, it drew a great deal of criticism from contractors because of the obligations and risks that it imposed. Up until now, . . . Read More
Maximizing Your Time as a Small Business
Presented by Jon Williams
UPDATED: Dissatisfied with an Unsatisfactory Rating? Contractor Options for Challenging CPARS
By Megan Connor In March 2014, we published a blog about challenging an unfavorable interim or final Contractor Performance Assessment Report System (“CPARS”) rating. Because of changes in the regulations, we wanted to update that post for contractors interested in challenging their CPARS. The FAR provides that contractors must be given a minimum of 14 calendar days to submit comments, rebutting statements, or additional information upon receipt of a CPARS. If you disagree with anything in a CPARS, you should . . . Read More
WOSB Sole-Source Contracting Program Now Official
Women-Owned Small Businesses are now eligible to be awarded sole-source contracts. Our attorneys and friends have written several articles about the new sole-source authority under the WOSB program. Women Impacting Public Policy has developed a Q and A on this topic that might be useful for those who are interested in participating.
DC Proposes New Law Requiring 16 Weeks of Paid Family and Medical Leave
By Corey Argust On October 6, the Council of the District of Columbia introduced the Universal Paid Leave Act of 2015. As written, the proposed bill would provide District employees with the ability to take up to 16 weeks of paid family and medical leave within a 12-month period. If adopted, the new law would provide employees working in the District with the most generous paid family leave in the United States, surpassing the current maximum of six weeks of . . . Read More
SBA Proposes Simplified Affiliation Tests for Business Loan Programs
Keep it simple, says SBA, in a recent proposed rule that would redefine the rules of affiliation for firms applying to SBA’s business loan programs, including the 7(a) Loan Program and 504 Loan Program (collectively, the “Business Loan Programs”). Per the proposed rule, changing conditions in the economy and a constantly-evolving small business community have spurred SBA to seek ways to improve the efficiency of its Business Loan Programs. To that end, SBA is proposing to simplify guidelines for determining . . . Read More