BLOG: No More “Consent to Subcontract” for 8(a) Firms

Firms that participate in the U.S. Small Business Administration (“SBA”) 8(a) program operate in a highly regulated environment. For years, 8(a) firms were required to seek approval, or “consent to subcontract,” from contracting officers and SBA to subcontract work on an 8(a) contract. In September, with little fanfare, the Federal Acquisition Regulatory Council removed the consent-to-subcontract requirement from two Federal Acquisition Regulation (“FAR”) clauses (FAR 52.219-12 and 52.219-17), which are supposed to be incorporated in all 8(a) contracts. According to . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – November 14, 2019

If you have questions concerning the content below, please visit this link .   Client Alert: This Just In! SBA’s Implementation of HUBZone Changes and Small Business Runway Extension Act Coming Soon, November 14, 2019, Samuel Finnerty On November 12-13, 2019, the U.S. Small Business Administration (SBA) hosted its 5th Annual Mentor Protégé Conference where SBA’s John Klein, Associate General Counsel for Procurement Law, answered questions from the audience regarding various mentor-protégé issues. Mr. Klein provided some key insights regarding recent and upcoming SBA . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – November 6, 2019

If you have questions concerning the content below, please visit this link . LABOR & EMPLOYMENT LAW Bloomberg Quotes PM Partner Nichole Atallah: Trump Rescinds Obama Order Prioritizing Federal Contract Workers, November 4, 2019 On October 31, 2019, President Donald Trump rescinded an executive order issued by former President Barack Obama that put existing federal contract workers at the front of the line for jobs on the next contract. Executive Order 13495 . . . required qualified workers on a federal service contract who would otherwise lose their . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – October 29, 2019

If you have questions concerning the content below, please visit this link . NATIVE AMERICAN LAW Emerging Issues in Native 8(a) Contracting The House Committee on Small Business, Subcommittee on Investigations, Oversight, and Regulations held a hearing titled, “Native 8(a) Contracting: Emerging Issues.” Recognizing the positive impact that the Small Business Administration’s (SBA) 8(a) program could have on tribal communities living in devastating poverty with little to no economic opportunity, Congress created the exceptions in the law for enterprises owned communally by tribes, Alaska . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – October 22, 2019

If you have questions concerning the content below, please visit this link . LABOR & EMPLOYMENT LAW DoL Collected a Record Amount in Discrimination Settlements in Fiscal Year 2019 According to Bloomberg Government, the Department of Labor (DoL) collected more than $27 million from federal contractors like Goldman Sachs, Dell, and Bank of America in fiscal year 2019 workplace discrimination settlements—a new record for the agency. Bloomberg Law indicated that settlement totals, which include back pay and interest for job applicants and workers, increased by . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – October 17, 2019

If you have questions concerning the content below, please visit this link . LITIGATION & DISPUTE RESOLUTION The Supreme Court Clarifies Vague Arbitration Clauses Affecting Class Disputes for Growing Businesses, October 10, 2019, Patrick Burns For most small to medium-sized businesses, the threat of a class action is not usually front-of-mind. However, as a business grows, the threat can increase depending on the number of employees and the nature of the work being performed. Class actions are commonly thought of as involving hundreds, if not . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – October 8, 2019

If you have questions concerning the content below, please visit this link . FALSE CLAIMS ACT / GOVERNMENT CONTRACTS LAW Buyer Beware: More Stringent Standards for Government Contractors Under the Buy American Act on the Horizon, October 4, 2019, Jackie Unger President Trump has made “buy American and hire American” a key goal for his administration. To that end, the President has signed three executive orders to impose stricter enforcement of the Buy American Act, the latest of which was issued on July 15, 2019. While this new Executive Order . . . Read More