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

The Weekly Update for August 5, 2016

SMALL BUSINESS ADMINISTRATION HUBZone and the National Defense Authorization Act for Fiscal Year 2016 Amendments GOVERNMENT CONTRACTS Detection and Avoidance of Counterfeit Electronic Parts Amendments Related to Sources of Electronic Parts This week’s report follows,  click here if you would like to download a copy . SMALL BUSINESS ADMINISTRATION Small Business Mentor-Protégé Programs The SBA is amending its regulations to the HUBZone Program.  The amendments: (1) authorize Native Hawaiian Organizations (“NHO”) to own HUBZone small business concerns; (2)  expand the HUBZone Program to assist small businesses in disaster areas and base closure areas; and (3) . . . Read More

FAQ on the Limitations on Subcontracting New Rules

We recently held a live seminar and a webinar on the new Limitations on Subcontracting (“LOS”) rule.  We reviewed the questions submitted during the sessions, and noticed that many of the same questions were being asked by attendees.  We hope this article addresses several questions you may also have on LOS.  We have grouped those questions by topic.   Construction vs. Supplies vs. Services We received a couple of questions asking for clarification on which LOS rule applies to different . . . Read More

The Weekly Update for July 22, 2016

GOVERNMENT CONTRACTS Small Business Mentor-Protégé Programs DEPARTMENT OF JUSTICE Civil Monetary Penalties Inflation Adjustment This week’s report follows,  click here if you would like to download a copy . GOVERNMENT CONTRACTS Small Business Mentor-Protégé Programs The U.S. Small Business Administration (“SBA”) is amending its regulations to implement provisions of the Small Business Jobs Act of 2010, and the National Defense Authorization Act for Fiscal Year 2013. Based on authorities provided in these two statutes, the rule: (1) establishes a government-wide mentor-protégé program for all small business concerns, consistent with SBA’s mentor-protégé program for participants in . . . Read More

The Weekly Update for July 1, 2016

SMALL BUSINESS ADMINISTRATION Affiliation for Business Loan Programs and Surety Bond Guarantee Program GOVERNMENT CONTRACTS Acquisition Threshold for Special Emergency Procurement Authority Amendment to the Defense Federal Acquisition Regulation Supplement Pilot Program on Acquisition of Military Purpose Non-developmental Items Defense Contractors Performing Private Security Functions Treatment of Interagency and State and Local Purchases Contract Financing Administrative Cost to Issue and Administer a Contract BUREAU OF INDIAN AFFAIRS Civil Penalties Inflation Adjustments SMALL BUSINESS ADMINISTRATION Affiliation for Business Loan Programs and Surety Bond Guarantee Program This final rule amends the . . . Read More

Revitalizing the HUBZone Program

In a recent article , published by Bloomberg BNA in their Federal Contracts Report, Jon Williams and Katie Flood talk about Revitalizing the HUBZone Program and calls on Congress and SBA to take the steps outlined in the article to revitalize the HUBZone program so it can realize its full potential. The HUBZone Program was created in 1997 to spur economic development in historically underutilized regions of the country.  The aim is as worthwhile now as it was then, and there remains . . . Read More