A Walk Through of SBA's Proposed Rule Changes to 8(a) and Mentor-Protégé Programs

November 18, 2019
SBA will shortly issue a proposed rule offering important changes to its mentor-protégé program, the 8(a) program, and the rules governing size, status, and recertification. PilieroMazza wants to be proactive on this proposed rule and to disseminate details to the government contracting community as quickly as possible since it is likely that comments will be requested within 60 days of publication. Therefore, we are pleased to invite you to our seminar featuring speakers Pamela Mazza, Managing Partner of PilieroMazza, and John Klein, Associate General Counsel for Procurement Law at the U. S. Small Business Administration.

    "Past Performance" of Government Contractors: Obtaining It, Using It, and Defending It

    October 29, 2019
    Presented by Katie Flood and Sam Finnerty.

    Click here to view the recorded session.
    A government agency’s evaluation of an offeror’s past performance can often be the difference between winning or losing a government contract. And, for better or worse, agencies are given broad discretion in how they evaluate past performance. As such, it is critical that companies working with the federal government understand not only what steps they should take to cultivate and utilize positive past performance, but also the steps they should take to defend their past performance from attacks. Please join Katie Flood and Sam Finnerty from PilieroMazza’s Government Contracts Law Group as they discuss:
    • general rules governing past performance evaluations;
    • ways in which a prime contractor can utilize different sources of past performance information;
    • best practices for obtaining positive CPARS ratings; and
    • how and when to challenge negative CPARS ratings.

    SBA Proposed Rule Changes and How They Will Impact Government Contractors

    August 20, 2019

    Presented by Megan Connor and Peter Ford.

    Click here to view the recorded session.

    In the last year, the Small Business Administration (“SBA”) has issued a number of proposed rules that could have far-reaching impacts on small business government contractors. These include the long-awaited rulemaking implementing the new five-year receipts calculation, inflationary adjustments for receipts-based size standards, and clarifications on the limitations on subcontracting rule. SBA has also proposed major changes to the HUBZone, WOSB/EDWOSB, and 8(a) Programs. Join Megan Connor and Peter Ford -- partners in PilieroMazza’s Government Contracts Group --  for a 1-hour webinar where attendees will get an in-depth look at the practical applications of these proposed changes.

    Everything You Need to Know about SBA's Manufacturer and Non-Manufacturer Rules

    July 17, 2019

    Presented by Jon Williams and Timothy Valley.

    Click here to view the recorded session.

    To Manufacture or Non-Manufacture? That is the question answered by this webinar, which focuses on how to qualify as a small business manufacturer or nonmanufacturer for set-aside contracts. The Small Business Administration (“SBA”) has specific rules detailing what it takes to qualify as a small business manufacturer or as a so-called “nonmanufacturer.” Jon Williams and Tim Valley, members of PilieroMazza’s Government Contracts Group, discuss:

    • SBA’s manufacturer and non-manufacturer rules,

    • waivers of the non-manufacturer rule,

    • tips to qualify under these rules,

    • utilizing mentor-protégé and joint venture relationships in this area, and

    • how the rules have been interpreted in case law.

    Managing and Incentivizing Employees

    May 15, 2019
    Presented by Sarah Nash and Dave Shafer

    Click here to view the recorded session.

    Attracting and retaining talent is a key challenge for many businesses in this current economic cycle where low unemployment and access to cleared employees is a common challenge. In this webinar, focuses on achieving business goals through attracting, incentivizing, and managing employees. The presenters reviewed the various options available to companies with differing corporate structures, at different stages of growth, and with differing objectives. They also discussed how company goals can determine what incentives to put in place and what restrictions to impose on employees in exchange for those benefits.

    • Essential components of an employment agreement
    • Options for incentive plans (bonus, stock, synthetic equity, etc.)
    • Non-compete and non-solicitation agreements and limitations
    • Other retention and recruiting strategies

    How Federal Contractors Can Survive During and After the Government Shutdown

    January 25, 2019
    Presented By Cy Alba, Nichole Atallah, and Michelle Litteken

    Click here to view the recorded session.

    While in the midst of the longest government shutdown in US history and contractors, the unsung heroes of the federal government who perform a great deal of the work vital to the economic and political success of our nation, are left to wonder what options they have, whether they will be made whole, and how to deal with their employees.

    PilieroMazza’s Government Contracting Group and its Employment Law Group discuss the obligations contractors have during the shutdown:
    • What employment law pitfalls to avoid
    • How to deal with furloughed employees
    • Strategies to minimize and potentially recover costs incurred because of the shutdown
    • What contractors can and should be prepared to do when the shutdown ends

    SBA Proposes Significant Changes to Small Business Procurement: Will You Be Impacted?

    January 16, 2019
    Presented By Antonio Franco and Sam Finnerty

    Click here to view the recorded session.

    On December 4, 2018, the SBA issued a proposed rule that includes a number of sweeping amendments to the SBA’s regulations which will have a significant impact on small businesses. The proposed rule addresses important matters for small businesses, such as the limitations on subcontracting requirements and exclusions for compliance purposes, and requirements for size and status recertification. The SBA is also clarifying when size is determined, and the size rules applicable to joint ventures arising out of the ostensible subcontractor rule. The proposed rule also impacts large businesses with subcontracting plans.

    This session discusses the proposed changes and how they can impact government contractors, particularly small businesses. Comments to the proposed rule are due on February 4, 2019. This session will educate listeners on the changes and encourage you to submit comments to SBA.

    Understanding OCI Mitigation Plans

    November 7, 2018
    Presented By Antonio Franco and Michelle Litteken.

    Click here to view the recorded session.

    The risk of an organizational conflict of interest (OCI) - either perceived or actual - strikes fear in the heart of many government contractors. An OCI may result in disqualification from a procurement, a bid protest overturning a contract award, or termination of a contract. However, in many cases, an OCI can be mitigated if a contractor proactively implements an OCI mitigation plan. The mitigation and avoidance measures provided for in the plan must be tailored to address the requirements in the relevant contract(s) and the type(s) of OCIs presented. Although this may seem like a daunting task, OCI mitigation is achievable, and successful mitigation of OCIs may enable a contractor to continue to serve its agency customers—and potentially expand its portfolio.

    This session will help you understand how to overcome OCIs by learning what is required to develop a mitigation plan. Tony Franco and Michelle Litteken of our Government Contracts group presented this webinar.

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