The Weekly Update for May 20, 2016

LABOR AND EMPLOYMENT Overtime Final Rule GOVERNMENT CONTRACTS Simplified Acquisition Threshold for Overseas Acquisitions in Support of Humanitarian or Peacekeeping Operations Basic Safeguarding of Contractor Information Systems Improvement in Design-Build Construction Process SMALL BUSINESS Small Entity Compliance Guide Civil Penalties Inflation Adjustments This week’s report follows,  click here if you would like to download a copy. LABOR AND EMPLOYMENT Overtime Final Rule The Department of Labor issued its final overtime rule which updates the salary level required for the executive, administrative, and professional (“white collar”) exemption to ensure that the Fair Labor Standards Act’s intended overtime protections . . . Read More

Eight Principles You Should Know When Negotiating Your Teaming Agreement

By Michelle Litteken As the saying goes, “two heads are better than one.”  This statement often applies to government contracting, where contractors frequently work together in joint ventures or prime and subcontractor teams to bid on and perform contracts. Teaming with another contractor may help a contractor enter new markets, support new customers, and develop a deeper past performance record. And, teaming with a participant of one of the Small Business Administration’s (“SBA”) set aside programs (e.g., 8(a), HUBZone, or . . . Read More

OHA Says Mentor-Protégé Affiliation Exemption Does NOT Excuse Program-Specific Requirements for SDVOSB Joint Ventures

SBA’s Office of Hearings and Appeals recently issued a surprising decision finding that the mentor-protégé affiliation exemption does not excuse program-specific requirements for SDVOSB joint ventures. OHA agreed with SBA’s Office of Government Contracting in finding that an SDVOSB joint venture was ineligible because one of the joint venture partners was a large business. The two joint venture partners were approved as mentor and protégé under SBA’s 8(a) Program. They thought they qualified as a small business for the SDVOSB procurement because . . . Read More

FY2015 Procurement Scorecard: Another “A” for the Government

Yesterday, the Small Business Administration (SBA) released its annual small business procurement “report card,” identifying how the federal government as whole and major federal agencies measured up in terms of meeting their small business prime and subcontracting goals for the 2015 fiscal year. The federal government got an “A,” as did 18 of the 24 major Federal agencies. And, three agencies (i.e., the Department of Justice, the General Services Administration, and SBA) even got an “A+.”  2015 marks the third consecutive year . . . Read More

The GAO’s Report on Contracting with ANC-Owned 8(a) Firms And Its Potential Impact on Tribally-Owned 8(a) Firms

The Government Accountability Office (GAO)  recently issued a report , titled “Alaska Native Corporations: Oversight Weaknesses Continue to Limit SBA’s Ability to Monitor Compliance with 8(a) Program Requirements.” The report was prepared at the request of Senators McCaskill and Markey, and Congressman DeFazio, whom asked the GAO to examine the Small Business Administration’s (SBA) oversight of 8(a) contracts specifically awarded to Alaska Native Corporations (ANCs). The report focused on the SBA’s ability to enforce regulations prohibiting the award of follow-on, sole source contracts to . . . Read More

Decision: Agencies Are Not Required to Accept Size Standards Increased After Solicitation is Issued

Recently, the U.S. Court of Federal Claims issued the decision in Orion Construction Co. v. United States, No. 15-1505C (Fed. Cl. April 1, 2016) which is a cautionary tale for all small business offerors regarding the risk of an inaccurate certification from simply misinterpreting which size standard applies to a particular solicitation. In the case, the United States Naval Facilities Engineering Command Southwest (“NAVFAC”) issued a solicitation for “commercial and institutional building construction” companies under North American Industry Classification System (“NAICS”) . . . Read More

The Weekly Update for March 4, 2016

SMALL BUSINESS ADMINISTRATION Underrepresented Industries Identified, Expansion, and Spending Goals Met for WOSB Program SBIR/STTR Programs to be Reauthorized GOVERNMENT CONTRACTS Establishing Paid Sick Leave for Federal Contractors This week’s report follows,  click here if you would like to download a copy . SMALL BUSINESS ADMINISTRATION Underrepresented Industries Identified, Expansion, and Spending Goals Met for WOSB Program On March 3, 2016, the U.S. Small Business Administration (SBA) announced the results of a study that identified industries in which women-owned small businesses (WOSBs) were underrepresented in federal contracting in connection with the Women-Owned Small Business Federal . . . Read More

WOSBs: $17.8 Billion in FY15 Spending and MORE NAICS Codes!

By Megan Connor On March 2, 2016, SBA announced that federal government spending in FY 2015 met the 5% spending goal for WOSBs. According to the SBA, 5.05% or $17.8 billion of all federal small business eligible contracting dollars were awarded to WOSBs. This is the first time in the history of the WOSB Program that the goal has been met. This great news was then followed on  March 3, 2016 , by SBA’s publishing of updated NAICS codes list for EDWOSB and WOSB set-aside and sole source contracts, . . . Read More

Five Reasons to File a Size Protest

Small business government contractors are sometimes resistant to the idea of filing size protests against their competitors. How much time and effort will it take? Is there enough evidence? Will the agency be offended? These are the types of questions that small business owners often ask themselves in deciding whether to challenge the size status of an apparent awardee and, in some instances, the answer to any one of them may justify a decision not to file a size protest. . . . Read More