New CVE Guidance on Joint Ventures and Mentor-Protégé Relationships
Earlier this month, the VA’s Center for Verification and Evaluation (“CVE”) published a new VA Verification Assistance Brief, Understanding Joint Venture and Mentor-Protégé Agreement Eligibility (“Assistance Brief”). The Assistance Brief explains the criteria that make a joint venture (“JV”) eligible for verification and inclusion in the VA VetBiz Vendor Information Pages (“VIP”) database, which is helpful given that the VA’s regulations, specifically 38 C.F.R. Part 74, say very little in terms of how a JV can be verified by CVE . . . Read More
Navigating Your DBE Certification
The Department of Transportation’s (“DOT”) Disadvantage Business Enterprise (“DBE”) program is not as well-known as the Small Business Administration’s (“SBA”) 8(a) and other small business programs, but it offers an excellent opportunity for eligible small businesses to expand their reach into state and local markets. The DOT requires that state and local agencies that receive DOT funding spend at least 10 percent of funds for certain projects on contracts with certified DBEs, which include woman- and minority-owned businesses. The DOT . . . Read More
Plan Your Success – the LOI
By Dana Livne During our April 26, 2017 webinar, we discussed Letters of Intent (LOI) and the important role they can play in transactions. The LOI often serves as a roadmap or initial term sheet between a buyer and seller. The LOI is generally “non-binding”, meaning that the parties may deviate from its terms. The purchase price, due diligence process milestones, and financing terms are examples of non-binding provisions that may be subject to negotiation as the deal progresses. . . . Read More
The Weekly Update April 28, 2017
SMALL BUSINESS ADMINISTRATION Small Business Size Standards; Adoption of 2017 North American Industry Classification System for Size Standards The U.S. Small Business Administration (“SBA”) has issued a proposed rule to amend its small business size regulations to incorporate the U.S. Office of Management and Budget’s North American Industry Classification System (“NAICS”) revision for 2017, identified as NAICS 2017, into its table of small business size standards. NAICS 2017 created 21 new industries by reclassifying, combining, or splitting 29 existing industries . . . Read More
Understanding the Extended Surviving Spousal Protections for SDVOSBs
By Marc Langston A surviving spouse, who is not a Service-Disabled Veteran, must satisfy specific criteria in order to continue running a company as though it remained a Service-Disabled Veteran-Owned Small Business (“SDVOSB”). This right is not automatic, and failure to meet the eligibility criteria will prevent a surviving spouse from being able to run the decedent’s company as a SDVOSB. It is important to consider that there are two separate SDVOSB set-aside programs. The older program, the Service-Disabled Veteran-Owned . . . Read More
The Weekly Update March 24, 2017
SMALL BUSINESS ADMINISTRATION Small Business Investment Companies: Passive Business Expansion and Technical Clarifications The delayed effective date for SBA’s final rule on Passive Business Expansion and Technical Clarifications occurred on March 21, 2017, when SBA re-opened the rule for additional public comments. SBA requires additional time to consider this final rule and determine whether any further changes are required. This final rule will go into effect on May 20, 2017. 82 Fed. Reg. 14428 GOVERNMENT CONTRACTS Homeland Security Acquisition Regulation (“HSAR”) – Extension of . . . Read More
The Weekly Update March 17, 2017
SMALL BUSINESS ADMINISTRATION “SBA Administrator Honors Nation’s Top Small Businesses.” Small Business Administration Press Release, March 16, 2017. Retrieved from https://www.sba.gov. Administrator Linda McMahon, the head of the U.S. Small Business Administration (“SBA”), announced today this year’s Small Business Person of the Year winners from the 50 states, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands. All of the winners have been invited to attend ceremonies in Washington, D.C on April 30 – May 1 where . . . Read More
The Weekly Update March 3, 2017
GOVERNMENT CONTRACTS Presidential Executive Order on Enforcing the Regulatory Reform Agenda This Executive Order instructs the head of each agency to designate an agency official as its Regulatory Reform Officer (“RRO”) within 60 days. Each agency RRO will oversee the implementation of regulatory reform initiatives and policies to ensure that agencies effectively carry out regulatory reforms including (1) offsetting the number and cost of new regulations; (2) regulatory planning and review; and (3) the termination of programs and activities that . . . Read More
The Weekly Update February 24, 2017
GOVERNMENT CONTRACTS Procedural Rules and Regulations The National Labor Relations Board (“NLRB”) amended its procedural rules and regulations to (1) reflect modern technology, such as E-Filing, and eliminate references to telegraphs, carbon copies, and the requirements for hard copy submissions and multiple copies; (2) use more plain language and eliminate legalistic terms such as “therefrom,” “thereupon,” “therein,” “herein,” and “said;” (3) reorganize the rules and add headings so that the subject matter is easier to find; (4) incorporate current practices . . . Read More
Keep an Eye Out for Identity of Interest Affiliation
By Julia Di Vito Anyone who does business with a small business government contractor will always want to be aware of any potential bases for affiliation that might arise. However, the so-called “identity of interest” affiliation, as described in 13 C.F.R. § 121.103(f), is a particularly easy type of affiliation for a firm to have and not even realize it. It is important to be aware of the way identity of interest affiliation can be found and how to avoid . . . Read More