The Weekly Update for October 21, 2016

SMALL BUSINESS ADMINISTRATION Small Business Mentor-Protégé Programs – Corrections The SBA has issued technical corrections to its final rule published in the Federal Register on July 25, 2016 (81 FR 48557), amending its regulations to establish a new government-wide mentor-protégé program for all small business concerns, consistent with SBA’s mentor-protégé program for participants in SBA’s 8(a) Business Development Program.  The rule, which went into effect August 24, 2016, also made several additional changes to current size, 8(a), Office of Hearings . . . Read More

The Weekly Update for November 18, 2016

DEPARTMENT OF DEFENSE, GENERAL SERVICES ADMINISTRATION, AND NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Clarification of Requirement for Justifications for 8(a) Sole Source Contracts The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) have issued a proposed rule to amend the Federal Acquisition Regulation to clarify the guidance for sole-source 8(a) contract awards exceeding $22 million.  This proposed rule responds to the recommendations made by the Government Accountability Office (“GAO”) in its report, “Slow Start . . . Read More

The Weekly Update for October 14, 2016

GOVERNMENT CONTRACTS Implementing Category Management for Common Goods and Services The Office of Federal Procurement Policy (“OFPP”) in the Office of Management and Budget (“OMB”) has proposed the issuance of a new OMB Circular, Implementing Category Management for Common Goods and Services, to codify category management, a strategic practice where Federal contracting for common goods and services is managed by categories of spending across the Government and supported by teams of experts.  The Circular establishes key principles, and strategies and . . . Read More

The Weekly Update for October 7, 2016

GOVERNMENT CONTRACTS Prohibition on Contracting With Corporations with Delinquent Taxes or a Felony Conviction Updating Federal Contractor Reporting of Veterans’ Employment Non-Retaliation for Disclosure of Compensation Information  Sole Source Contracts for Women-Owned Small Businesses Consolidation and Bundling  Amendment Relating to Multi-Year Contract Authority for Acquisition of Property  Contractors Performing Private Security Functions  Section of Bipartisan Budget Act of 2013 Implemented Federal Acquisition Circular 2005-91 Small Entity Compliance Guide Department of Defense’s (“DOD”) Defense Industrial Base (“DIB”) Cybersecurity (“CS”) Activities  SMALL BUSINESS ADMINISTRATION Early Stage Business . . . Read More

More Work Needed to Improve the HUBZone Program

The HUBZone Program needs some TLC. After a peak of 14,000 SBA-certified participants in 2009, the HUBZone Program has seen a significant drop in participation over the past few years due to various factors. This, in turn, has led to a marked downturn in federal spending on HUBZone firms, while other set-aside categories have consistently met or exceeded the federal spending goals. In a 2015 report, GAO recommended ways for SBA to improve HUBZone Program oversight as well as communication . . . Read More

The Weekly Update for September 30, 2016

GOVERNMENT CONTRACTS Amendments to Department of Defense (“DOD”) Mentor-Protégé Program Temporary Extension of Test Program for Comprehensive Small Business Subcontracting Plans SMALL BUSINESS ADMINISTRATION Small Business Timber Set-Aside Program DEPARTMENT OF VETERANS AFFAIRS Prohibition on Use of Any Cost-Plus System of Contracting for Military Construction and Military Family Housing Projects Federal Civil Penalties Adjustment Act Amendments  LABOR AND EMPLOYMENT Extension of Comment Period for Proposed Revision of Annual Information Return/Reports This week’s report follows,  click here if you would like to download a copy . GOVERNMENT CONTRACTS Amendments to Department of Defense (“DOD”) Mentor-Protégé Program DOD has issued a proposed rule which . . . Read More

The Weekly Update for September 23, 2016

GOVERNMENT CONTRACTS Notice of Minimum Wage Rate Change for Contractors SMALL BUSINESS ADMINISTRATION SBIC – Early Stage Initiative This week’s report follows,  click here if you would like to download a copy . GOVERNMENT CONTRACTS Notice of Minimum Wage Rate Change for Contractors The Wage and Hour Division of the U.S. Department of Labor issued a notice announcing that beginning January 1, 2017, the Executive Order minimum wage rate that generally must be paid to workers performing work on, or in connection with, covered contracts will increase from $10.15 per hour to $10.20 per hour, . . . Read More

Recent Changes to the 8(a) Program Application Process

“They’re asking for what?” This is a not-so-uncommon response from small businesses applying to SBA’s 8(a) Business Development Program (“8(a) Program”), which is notorious for the amount of information – and paper – that applicants are required to provide SBA to demonstrate eligibility. However, a recent SBA final rulemaking implemented changes to the 8(a) Program application process to eliminate certain requirements which, according to SBA, impose an unnecessary burden on program applicants. For example, SBA has done away with the . . . Read More

How Can My Unpopulated Small Business Joint Venture Get a Clearance?

By Megan Connor When the SBA issued its  final rule  concerning its new Small Business Mentor Protégé Programs, it adopted a major change for 8(a) and small business joint ventures:  no more populated joint ventures. Instead, the rule provides that where a joint venture is formed as a separate legal entity, like a limited liability company, it may not have its own separate employees to perform contracts awarded to the joint venture. For contractors well-versed in the National Industrial Security Program Operating . . . Read More