PilieroMazza’s Weekly Update is an e-mail sent on Fridays that recaps legislative and regulatory issues affecting businesses of all sizes. When government agencies propose significant changes to existing regulations or Congress passes legislation of special interest to the small business community, we follow-up the Weekly Update with an analysis of the proposed change and the likely impact on small business.

Click here to sign up for our Weekly Update Newsletter

Download PDF

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 thousands, of individuals. However, courts routinely consider much smaller groups of employees, including groups of approximately 40 individuals to be sufficient to establish a class action. To reduce the risk of a class action disrupting business operations and impacting revenue, businesses may want to consider including arbitration clauses in their employment and consumer agreements. [Read More]

BUSINESS & CORPORATE LAW

Government Contractor Acquisitions and Clearances: Deal Structure Matters, October 11, 2019, Kathryn Hickey and Megan Connor
Our Corporate and Government Contracts attorneys often counsel contractors interested in acquiring an entity with a clearance or assets used on a classified contract. The clearance is a consideration in the transaction that cannot be overlooked. Indeed, the clearance is often one of the seller’s most important “assets.” Buyers and sellers alike should be aware of the National Industrial Security Program Operating Manual requirements. [Read More]

Special Considerations When Forming a Medical Professional Services Company, October 9, 2019, David Shafer and Francis Massaro
While it is often thought that forming a business is a simple process accomplished by filing formation documents provided by a jurisdiction’s Secretary of State (or equivalent), actual compliance with a particular jurisdiction’s corporate and/or limited liability company law provisions requires further analysis. For many types of professional services businesses, most states require such professional services businesses to organize as professional corporations (PCs) or professional limited liability companies (PLLCs), which impose additional organizational requirements. Professional services businesses are often categorized by jurisdictions as those businesses that require additional licensure to perform the services associated with the business, such as medical service providers, engineers, architects, accountants, and attorneys. For medical services PCs and PLLCs in Virginia and Maryland, these requirements, which often relate to various licensing requirements, can complicate establishing professional services companies and expose owners, officers, and employees to additional risk and liability. [Read More]

Kathryn Hickey Guest Blogs "Simplifying the Complex World of Employee Incentive Plans," October 11, 2019, Kathryn Hickey
“How do I keep my employees from leaving? Talent is so hard to find and retain!” These are comments we hear all the time from clients struggling to compete for talent in a pool that is growing ever more competitive. It can be overwhelming and confusing to consider the many options available—cash bonus plans, broad-based qualified plans, stock options, restricted stock, stock appreciation rights, phantom stock. Which is right for you and your company? [Read More]

Related Business & Corporate Law Presentations by PilieroMazza

EVENT: Legal Considerations Prior to Doing Business with a Prime Contractor or the Federal Government, October 22, 2019, Speaker: Kathryn Hickey. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

LABOR & EMPLOYMENT LAW

DoL Issues Notice of Proposed Rulemaking to Amend Tip Regulations
The Department of Labor’s (DoL) Wage and Hour Division issued a notice of proposed rulemaking regarding Tip Regulations under the Fair Labor Standards Act (FLSA). In the Consolidated Appropriations Act, 2018 (CAA), Congress amended section 3(m) of the FLSA to prohibit employers from keeping tips received by their employees, regardless of whether the employers take a tip credit under section 3(m). In this Notice of Proposed Rulemaking (NPRM), DoL proposes to amend its tip regulations to address this Congressional action. DoL also proposes to codify policy regarding the tip credit’s application to employees who performed tipped and non-tipped duties. Comments to the proposed rule are due December 9, 2019. Read the published version here.

2020 Labor Surplus Area List Announced
The Department of Labor’s (DoL) Employment and Training Administration (ETA) issued a notice announcing the annual Labor Surplus Area (LSA) list for fiscal year 2020. DoL’s regulations implementing Executive Orders 12073 and 10582 are set forth at 20 CFR Part 654, Subpart A. These regulations require ETA to classify jurisdictions as LSAs pursuant to the criteria specified in the regulations and annually publish a list of LSAs. Read the published version here.

DoL Office of Inspector General Highlights for July–August Released
DoL’s Office of Inspector General (OIG) released a report titled “DoL-OIG Highlights for July–August 2019.” The DoL-OIG Highlights is part of DoL’s ongoing commitment to ensure that all stakeholders are fully and timely apprised of the OIG’s efforts. The report lists recent DoL investigations, highlights the office’s concerns regarding the Job Corps program to provide a safe environment for its students and staff, and notes the number of open recommendations and monetary value of those recommendations that the OIG has made as of October 7, 2019. Read the full report here.

Related Labor & Employment Law Presentations by PilieroMazza

EVENT: Employment Law for Government Contractors, October 23, 2019, Speaker: Nichole Atallah. [Read More]

WEBINAR: Labor and Employment for Government Contractors—Yes, There Is a Difference! November 12, 2019, Speaker: Nichole Atallah. [Read More]

WEBINAR: Resolving Onboarding Mistakes That Cause Legal Problems on Federal Contracts, December 11, 2019, Speaker: Nichole Atallah. [Read More]

GOVERNMENT CONTRACTS LAW

Executive Order Seeks to Expand Notice of Agency Guidance Documents
President Trump issued and Executive Order that all agency “guidance documents” be made available to the public on agency websites and, further, that agencies must treat these guidance documents as “non-binding both in law and in practice, except as incorporated into a contract.” “Guidance document” means an agency statement of general applicability, intended to have future effect on the behavior of regulated parties, that sets forth a policy on a statutory, regulatory, or technical issue, or an interpretation of a statute or regulation. Read the full order here.

Executive Order Limits Use of Agency Guidance
Another recent Executive Order, “Executive Order on Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication,” states:

When an agency takes an administrative enforcement action, engages in adjudication, or otherwise makes a determination that has legal consequence for a person, it must establish a violation of law by applying statutes or regulations. The agency may not treat noncompliance with a standard of conduct announced solely in a guidance document as itself a violation of applicable statutes or regulations. When an agency uses a guidance document to state the legal applicability of a statute or regulation, that document can do no more, with respect to prohibition of conduct, than articulate the agency’s understanding of how a statute or regulation applies to particular circumstances. An agency may cite a guidance document to convey that understanding in an administrative enforcement action or adjudication only if it has notified the public of such document in advance through publication, either in full or by citation if publicly available, in the Federal Register (or on the portion of the agency’s website that contains a single, searchable, indexed database of all guidance documents in effect).

. . .

When an agency takes an administrative enforcement action, engages in adjudication, or otherwise makes a determination that has legal consequence for a person, it may apply only standards of conduct that have been publicly stated in a manner that would not cause unfair surprise. An agency must avoid unfair surprise not only when it imposes penalties but also whenever it adjudges past conduct to have violated the law.

Read the full order here.

“Commercial Item” Redefined in FAR
The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued a final rule to revise the Federal Acquisition Regulation (FAR) definition of a ‘‘commercial item.’’ The final rule broadens the definition to allow certain additional items developed exclusively at private expense to qualify for the benefits associated with being treated as a commercial item. Section 847 expands the universe of non-developmental items that qualify as commercial items to include items sold, in substantial quantities on a competitive basis, to multiple foreign governments. The final rule amends the definition of commercial item in FAR Part 2 to reflect the statutory change made by section 847. Specifically, the rule adds the phrase ‘‘or to multiple foreign governments’’ at the end of paragraph (8). No changes were made from the proposed rule to the final rule. Read the published version here.

Compliance Guide for New “Commercial Item” Definition in FAR
A small entity compliance guide was issued under the joint authority of DoD, GSA, and NASA regarding the above-referenced final rule revising the FAR definition of ‘‘commercial item.’’ This guide was prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. Read the guide here.

NASA Finalizes FOIA Regulations
NASA issued a rule finalizing its Freedom of Information Act (FOIA) regulations, in accordance with the FOIA Improvement Act of 2016. NASA published a proposed rule for its FOIA regulations in the Federal Register at 84 FR 14628, on April 11, 2019, to implement the following requirements of the 2016 FOIA Improvement Act of 2016 that will be beneficial to requesters:

  • notify requesters for engaging in dispute resolution through the FOIA Public Liaison and the Office of Government Information Services;
  • make records that have been both released previously and requested three or more times available to the public in electronic format;
  • establish a minimum of ninety days for requesters to appeal an adverse determination; and
  • provide, or direct requesters to, dispute resolution services at various times throughout the FOIA process.

Read the published version here.

Related Government Contracts Law Presentations by PilieroMazza

WEBINAR: PCI Subcontracting Summit 2019: Purchasing Systems, October 22, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Legal Considerations Prior to Doing Business with a Prime Contractor or the Federal Government, October 22, 2019, Speaker: Kathryn Hickey. [Read More]

EVENT: How to Form Teaming Agreements and Strategic Partnerships, October 23, 2019, Speaker: Megan Connor. [Read More]

WEBINAR: “Past Performance” of Government Contractors: Obtaining It, Using It, and Defending It, October 29, 2019, Speaker: Kathryn Flood and Sam Finnerty. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

WEBINAR: Labor and Employment for Government Contractors—Yes, There Is a Difference! November 12, 2019, Speaker: Nichole Atallah. [Read More]

WEBINAR: PCI Subcontracting Summit 2019: Administration, November 19, 2019, Speaker: Isaias “Cy” Alba. [Read More]

Top Legal Questions from Government Contractors, November 21, 2019, Speaker: Tony Franco. [Read More]

WEBINAR: Resolving Onboarding Mistakes That Cause Legal Problems on Federal Contracts, December 11, 2019, Speaker: Nichole Atallah. [Read More]

SMALL BUSINESS PROGRAMS & ADVISORY SERVICES

SBA Fiscal Year 2019 Lending Numbers Announced
SBA announced fiscal year 2019 lending numbers, showing that it guaranteed over $28 billion to entrepreneurs that otherwise would not have access to capital to start, grow, or expand their small businesses. In fiscal year 2019, SBA’s flagship 7(a) loan program made approximately 52,000 7(a) loans totaling $23.17 billion. The 504 loan program had another year of increased performance, with more than 6,000 loans made for a total dollar amount of more than $4.9 billion. There also was significant growth of dollars lent in the SBA’s Microloan program, with more than 5,500 loans approved for nearly $81.5 million. Read more here.

HUBZone Program Pros and Cons
The Congressional Research Service released a report titled “Small Business Administration HUBZone Program.” The report examines arguments both for and against targeting assistance to geographic areas with specified characteristics as opposed to providing assistance to people or businesses with specified characteristics. It then assesses the arguments both for and against the continuation of the HUBZone program. The report also discusses the HUBZone program's structure and operation, focusing on the definition of HUBZone areas and HUBZone small businesses and the program's performance relative to federal contracting goals. It includes an analysis of SBA's administration of the program and SBA's performance measures. Read the full report here.

Related Small Business Programs & Advisory Services Presentations by PilieroMazza

WEBINAR: PCI Subcontracting Summit 2019: Purchasing Systems, October 22, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

WEBINAR: PCI Subcontracting Summit 2019: Administration, November 19, 2019, Speaker: Isaias “Cy” Alba. [Read More]

Read More...

Download PDF

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 on Maximizing Use of American-Made Goods, Products, and Materials does not have any immediate effect on federal procurements, it proposes significant changes to the Buy American requirements, and government contractors would be wise to keep abreast of the changes which could be implemented as soon as the spring of 2020. [Read More]

SMALL BUSINESS PROGRAMS & ADVISORY SERVICES

SBA Funding: Overview and Recent Trends
The Congressional Research Service (CRS) released a report, “Small Business Administration (SBA) Funding: Overview and Recent Trends,” which examines SBA’s appropriations over time, focusing on developments and trends since Fiscal Year (FY) 2000. The report identifies total available funding (which includes carryover from the prior fiscal year, carryover into the next fiscal year, account transfers, rescissions, and sequestration) and, for entrepreneurial development noncredit programs, actual and anticipated expenditures for comparative purposes.  Read the full report here.

SBA: A Primer on Programs and Funding
CRS released a report, “Small Business Administration: A Primer on Programs and Funding,” which provides an overview of the SBA’s programs, including:

  • contracting programs;
  • entrepreneurial development programs;
  • disaster assistance;
  • capital access programs;
  • SBA regional and district offices;
  • the Office of Inspector General;
  • the Office of Advocacy; and
  • capital investment programs.

The report also discusses recent programmatic changes resulting from the enactment of legislation and provides an overview of SBA’s budget. Read the full report here.

Related Small Business Programs & Advisory Services Presentations by PilieroMazza

WEBINAR: PCI Subcontracting Summit 2019: Purchasing Systems, October 22, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

WEBINAR: PCI Subcontracting Summit 2019: Administration, November 19, 2019, Speaker: Isaias “Cy” Alba. [Read More]

GOVERNMENT CONTRACTS LAW

Limitations on LPTA Proposed for FAR
The Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) issued a proposed rule amending the Federal Acquisition Regulation (FAR) to implement a section of the John S. McCain National Defense Authorization Act (NDAA) for FY 2019, which specifies the criteria that must be met in order to include lowest price technically acceptable (LPTA) source selection criteria in a solicitation and requires procurements predominantly for the acquisition of certain services and supplies to avoid the use of LPTA source selection criteria to the maximum extent practicable. Comments to the proposed rule are due December 2, 2019. Read the published version here.

Increase to Certified Cost or Pricing Data Requirement Threshold Proposed
DoD, GSA, and NASA issued a proposed rule amending the FAR to implement a section of the NDAA for FY 2018 to increase the threshold for requiring certified cost or pricing data. Section 811 of the NDAA for FY 2018 amends 10 U.S.C. 2306a and 41 U.S.C. 3502 to increase the threshold for requesting certified cost or pricing data from $750,000 to $2 million for contracts entered into after June 30, 2018. Comments to the proposed rule are due December 2, 2019. Read the published version here.

Proposed Increase to Micro-Purchase Threshold
DoD, GSA, and NASA issued a proposed rule amending the FAR to implement a section of the NDAA for FY 2017 and several sections of the NDAA for FY 2018 that increase the micro-purchase threshold (MPT), increase the simplified acquisition threshold (SAT), and clarify certain procurement terms, as well as align some non-statutory thresholds with the MPT and SAT. The proposed rule will also replace non-statutory, stated dollar thresholds that are intended to correspond with the MPT and SAT, with the text “micro-purchase threshold” and “simplified acquisition threshold.” Comments to the proposed rule are due December 2, 2019. Read the published version here.

National Background Investigations Bureau Transferred to DoD
DoD announced that it and the Office of Personnel Management (OPM) successfully completed the transfer of the National Background Investigations Bureau (NBIB) from OPM to DoD’s Defense Counterintelligence and Security Agency (DCSA). The transfer of NBIB to DCSA is designed to provide economy of scale in addressing the federal government's background investigations workload, promote ongoing efforts to align vetting of federal employees and contractors, and facilitate needed reforms in this area. Read more here.

GSA Merges 24 Multiple Awards Schedules
GSA announced that it released its consolidated Schedule solicitation on Fed Biz Opps. The new solicitation modernizes federal acquisition by consolidating and streamlining the existing 24 Multiple Award Schedules into a single Schedule for products, services, and solutions. At this time, only new contracts will be placed on the consolidated Schedule solicitation. Contractors already on Schedule will not be affected by the new solicitation until the mass modification takes effect in calendar year 2020. Federal agencies should see no disruptions to their purchasing practices during the transition. Read more here.

Related Government Contracts Law Presentations by PilieroMazza

EVENT: Navigating the FAR/DFARS: The Most Confusing and Little Known Clauses, October 17, 2019, Speakers: Kathryn Flood and Emily Rouleau. [Read More]

WEBINAR: PCI Subcontracting Summit 2019: Purchasing Systems, October 22, 2019, Speaker: Isaias “Cy” Alba. [Read More]

WEBINAR: “Past Performance” of Government Contractors: Obtaining It, Using It, and Defending It, October 29, 2019, Speaker: Kathryn Flood and Sam Finnerty. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

WEBINAR: PCI Subcontracting Summit 2019: Administration, November 19, 2019, Speaker: Isaias “Cy” Alba. [Read More]

LABOR & EMPLOYMENT LAW

Related Labor & Employment Law Presentations by PilieroMazza

EVENT: Labor Regulations, October 15, 2019, Speaker: Nichole Atallah. [Read More]

WEBINAR: Labor and Employment for Government Contractors—Yes, There Is a Difference! November 12, 2019, Speaker: Nichole Atallah. [Read More]

WEBINAR: Resolving Onboarding Mistakes That Cause Legal Problems on Federal Contracts, December 11, 2019, Speaker: Nichole Atallah. [Read More]

BUSINESS & CORPORATE LAW

Related Business & Corporate Law Presentations by PilieroMazza

WEBINAR: Incentive Compensation Plans Designed to Retain Talent and Grow the Business, October 15, 2019, Speaker: Kathryn Hickey. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

Read More...

Download PDF

Weekly Update for Government Contractors and Commercial Businesses - October 2, 2019

If you have questions concerning the content below, please visit this link.

CYBERSECURITY & DATA PRIVACY

Start Preparing Now for DoD's Upcoming Cybersecurity Maturity Model Certification (CMMC), September 27, 2019, Jon Williams and Emily Rouleau
For a while now, we have been writing about the increasing impact of cybersecurity on the government contracting world, which, as Jon wrote, has become the “fourth pillar” of Department of Defense (DoD) acquisitions. The latest evidence of this was discussed by our colleague, Dave Shafer, in his recent blog discussing a new DoD cybersecurity certification. This certification, called Cybersecurity Maturity Model Certification or “CMMC,” will significantly alter the DoD-acquisition landscape next year. Indeed, when this certification requirement comes online, all DoD contractors will be required to have CMMC to bid on, win, and retain new DoD contracts. [Read More]

Related Cybersecurity & Data Privacy Presentations by PilieroMazza

PODCAST: The Whistleblower's Complaint: First-Of-Its-Kind Cybersecurity False Claims Act Settlement is the third episode of "Ex Rel. Radio," our multi-part series on the False Claims Act, which includes commentary on potential pitfalls for government contractors who may face enforcement issues in light of emerging trends. In this episode, PilieroMazza attorneys Matt Feinberg and Dave Shafer join our host, Jon Williams, to discuss a recent cybersecurity FCA case that may have far-reaching implications for government contractors who are subject to federal cybersecurity requirements. [Read More]

LABOR & EMPLOYMENT LAW

Impact of DoL's Changes to FLSA Salary Basis Test on Government Contractors and Commercial Businesses, September 26, 2019, Nichole Atallah
On September 24, 2019, the Department of Labor (DoL) announced its final rule to change the Fair Labor Standards Act’s (FLSA) salary basis test, which is integral to classifying an employee as exempt from overtime payments. In order to designate an employee as FLSA overtime exempt, an employer must ensure that the employee meets both a salary basis test, which establishes a salary threshold, and a duties test, which establishes the types of responsibilities and knowledge required to be eligible for an exemption. The salary basis requirement is currently $455 per week, or $23,660 per year. PilieroMazza previously blogged about the proposed DoL overtime exemption rule here. Effective January 1, 2020, the final rule will increase the threshold amount to $684 per week or $35,568 per year, a slight increase from the originally proposed amount. Employers, including government contractors, with salaried employees making under $35,568 annually need to determine if it makes business sense to convert employees to non-exempt status or to raise their salary. Not understanding this requirement could lead to costly DoL violations. [Read More]

Senate Confirms Scalia as Labor Secretary
Government Executive reported that the Senate voted 53-44 to confirm Eugene Scalia as Labor secretary. Mr. Scalia is a partner at the law firm Gibson, Dunn & Crutcher and son of the late Supreme Court Justice Antonin Scalia. Read more here.

Related Labor & Employment Law Presentations by PilieroMazza

WEBINAR: Resolving Onboarding Mistakes That Cause Legal Problems on Federal Contracts, December 11, 2019, Speaker: Nichole Atallah. [Read More]

BUSINESS & CORPORATE LAW

Related Business & Corporate Law Presentations by PilieroMazza

EVENT: Selling Your Government Contracting Business or Expanding Your Company Through Acquisition: M&A for Government Contractors, October 10, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Incentive Compensation Plans Designed to Retain Talent and Grow the Business, October 15, 2019, Speaker: Kathryn Hickey. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

GOVERNMENT CONTRACTS LAW

DoD Limits Use of LPTA
DoD issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Acts (NDAA) for fiscal years 2017 and 2018 that establish limitations and prohibitions on the use of the “lowest price technically acceptable” (LPTA) source selection process. DoD published a proposed rule in the Federal Register at 83 FR 62550 on December 4, 2018, to implement the limitations and prohibitions on use of the LPTA source-selection process provided in sections 813, 814, and 892 of the NDAA for fiscal year 2017 (Pub. L. 114-328) and sections 822, 832, 882, and 1002 of the NDAA for fiscal year 2018 (Pub. L. 115-91). No changes from the proposed rule are made in the final rule as a result of the public comments received. Read the published version here.

Information on Use of LPTA Process
The Government Accountability Office (GAO) released a report examining the best value, lowest price technically acceptable process of source selection, used by agencies to evaluate proposals received and award a contract competitively. Section 813 of the NDAA for fiscal year 2017, as amended, included limitations on DoD’s use of the LPTA process and required DoD to revise its acquisition regulation to reflect new criteria for use of the LPTA process. Section 880 of the NDAA for fiscal year 2019 required the Federal Acquisition Regulation (FAR) to be updated with similar requirements for civilian agencies. Sections 813 and 880 also included provisions for the GAO to report on the number of instances where the LPTA process was used for contracts exceeding $5 million. The GAO’s report describes (1) the status of regulatory changes governing the use of the LPTA process; and (2) the extent to which DoD and selected civilian agencies used the LPTA process to competitively award contracts and orders valued over $5 million in fiscal year 2018. Read the full report here.

Related Government Contracts Law Presentations by PilieroMazza

EVENT: Selling Your Government Contracting Business or Expanding Your Company Through Acquisition: M&A for Government Contractors, October 10, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

EVENT: Navigating the FAR/DFARS: The Most Confusing and Little Known Clauses, October 17, 2019, Speakers: Kathryn Flood and Emily Rouleau. [Read More]

WEBINAR: PCI Subcontracting Summit 2019: Purchasing Systems, October 22, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

WEBINAR: PCI Subcontracting Summit 2019: Administration, November 19, 2019, Speaker: Isaias “Cy” Alba. [Read More]

SMALL BUSINESS PROGRAMS & ADVISORY SERVICES

Overview, History, and Current Issues of SBA’s 8(a) Program
The Congressional Research Service released a report examining the 8(a) Program’s historical development, key requirements, administrative structures and operations, and the Small Business Administration’s (SBA) oversight of 8(a) firms. It also discusses two SBA programs designed to support 8(a) firms—the 7(j) Management and Technical Assistance Program and the 8(a) Mentor-Protégé Program—and provides various program statistics. Read the full report here.

Agencies Took Longer to Issue Small Business Awards than Recommended
The GAO issued a report after it analyzed agency-provided award data for awards made under the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. Since the SBIR and STTR programs began in 1982 and 1992, respectively, federal agencies have awarded at least 162,000 contracts and grants totaling around $46 billion to help small businesses develop and commercialize new technologies. Eleven agencies participate in the SBIR program and five of them also participate in the STTR program. Each agency issues a solicitation requesting proposals at least once a year. Agencies then review proposal submissions and issue awards using grants or contracts. The SBIR and STTR policy directive recommends that most agencies issue awards no more than 180 calendar days from solicitation close. The NDAA for fiscal year 2019 included a provision for GAO to report on the timeliness of agencies' SBIR and STTR proposal review and award issuance. This report examines the time agencies spend issuing SBIR and STTR awards and the factors that affect the time spent, among other things. Read the full report here.

Results of OIG High Risk 7(a) Loan Review
The SBA Office of Inspector General (OIG) released a report examining the High Risk 7(a) Loan Review Program. In fiscal year 2014, the SBA/OIG established the High Risk 7(a) Load Review Program to minimize losses on SBA guaranteed loans, improve the effectiveness and integrity of the 7(a) program, and protest program dollars. The SBA/OIG sought to determine whether (1) high-dollar/early-defaulted 7(a) loans were originated and closed in accordance with rules, regulations, policies, and procedures and (2) material deficiencies existed that warrant recovery of guaranteed payments to lenders. The report consolidates the results of SBA’s OIG’s fiscal year 2019 High Risk 7(a) Loan Review Program. Specifically, it analyzes the results of the loans reviewed from February 2019 through August 2019. Read the full report here.

Related Small Business Programs & Advisory Services Presentations by PilieroMazza

WEBINAR: PCI Subcontracting Summit 2019: Purchasing Systems, October 22, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

WEBINAR: PCI Subcontracting Summit 2019: Administration, November 19, 2019, Speaker: Isaias “Cy” Alba. [Read More]

Read More...

Download PDF

Weekly Update for Government Contractors and Commercial Businesses - September 25, 2019

If you have questions concerning the content below, please visit this link.

FALSE CLAIMS ACT

Small Businesses and the False Claims Act (FCA): Are More FCA Cases Against Small Businesses on the Horizon? September 19, 2019, Timothy Valley
On August 20, 2019, the U.S. Department of Justice (DOJ) announced that it had reached a $20 million settlement with Luke Hillier (Hillier), the majority owner and former CEO of a Virginia-based defense contractor, ADS, Inc. (ADS), to resolve “allegations that he violated the FCA by fraudulently obtaining federal set-aside contracts reserved for small businesses that his company was ineligible to receive . . . .” The resolution of the claims against Hillier follows ADS’s payment of a separate $16 million settlement on related claims, as well as an additional $225,000 paid by Charles Salle, the former general counsel of ADS, to resolve claims arising from his role in the alleged scheme. Combined, the $36 million total settlement is believed to be the largest FCA recovery in history based on allegations of small business contracting fraud. Given the size of the collective settlement and the nature of the allegations against Hillier and ADS, small businesses everywhere—particularly government contractors—should anticipate a potential increase in the frequency of small business fraud-related FCA cases. [Read More]

United Parcel Service, Inc. (UPS) Pays $8.4 Million Settlement to Resolve Allegations That It Overcharged Under General Services Administration (GSA) Contract
DOJ announced that UPS has agreed to pay the United States $8.4 million to resolve allegations that it overcharged federal agencies for package delivery services under a GSA contract. The settlement resolves allegations that, from 2007 to 2014, UPS failed to follow the Price Reductions Clause of the GSA contract, which required UPS to provide GSA with certain lower prices offered to another customer, resulting in the government paying more than it should have for package deliveries. Read more here.

LABOR & EMPLOYMENT LAW

Minimum Wage for Government Contractors Increases January 1, 2020, September 20, 2019, Nichole Atallah
Executive Order 13658, Establishing a Minimum Wage for Contractors, established a minimum wage for employees working on, or in connection with, covered government contracts. Each year, the Department of Labor (DOL) assesses the established minimum wage and, using determined methodology, announces an increase. On September 19, the DOL announced the rate would increase to $10.80 per hour on January 1, 2020. The required minimum cash wage that generally must be paid to tipped employees performing work on, or in connection with, covered contracts will increase to $7.55 per hour on January 1, 2020. For government contractors, if your workforce is affected by the increase, you may be eligible for a price adjustment. [Read More]

California Measure Signed Making It Harder for Businesses to Classify Workers as Independent Contractors
Law360 reported that California Governor Gavin Newsom signed a landmark measure that makes it harder for California businesses to classify their workers as independent contractors, dealing a potential body blow to gig economy players like Uber and Lyft. Assembly Bill 5 revamps the state’s test for classifying workers as independent contractors, presuming workers are employees—who have several protections not afforded contractors—unless the hiring business can prove three specific things. In doing so, the law effectively codifies a 2018 California Supreme Court decision known as Dynamex, in which the court applied the so-called ABC Test to claims brought under a set of quasi-employment statutes known as wage orders. Under the test, workers are employees unless their hiring business shows they operate autonomously, perform work that isn’t the alleged employer’s main business, and are regularly and independently engaged in the work they’re hired to do. The new law takes effect January 1, 2020.

Progress Made on Government Accountability Office (GAO) Recommendations to Improve Nondiscrimination Oversight, but Challenges Remain
Since September 2016, the GAO issued three reports addressing equal employment opportunity. Federal law prohibits employers from employment discrimination based on race and gender (among other things). The U.S. Equal Opportunity Employment Commission (EEOC) and the DOL’s Office of Federal Contract Compliance Programs (OFCCP) are the primary agencies that enforce these laws. In order to provide an update on the status of its prior recommendations, the GAO released its testimony provided to the House Committee on Education and Labor’s Subcommittee on Civil Rights and Human Services. The GAO had previously testified about challenges the EEOC and OFCCP face in ensuring that employers meet equal employment opportunity requirements. For instance, OFCCP’s method for selecting contractors to conduct compliance evaluations might not accurately identify those at the greatest risk of equal employment disparities. Although OFCCP has implemented four GAO recommendations, seven recommendations require additional agency action to be fully implemented. Read the testimony here.

Related Labor & Employment Law Presentations by PilieroMazza

WEBINAR: Resolving Onboarding Mistakes That Cause Legal Problems on Federal Contracts, December 11, 2019, Speaker: Nichole Atallah. [Read More]

BUSINESS & CORPORATE LAW

Related Business & Corporate Law Presentations by PilieroMazza

EVENT: Selling Your Government Contracting Business or Expanding Your Company Through Acquisition: M&A for Government Contractors, October 10, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Incentive Compensation Plans Designed to Retain Talent and Grow the Business, October 15, 2019, Speaker: Kathryn Hickey. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

GOVERNMENT CONTRACTS LAW

Protégé Subcontract Revenues from Mentor Hold No Basis for Economic Dependence, September 18, 2019, Patrick Rothwell
An important benefit of a mentor-protégé agreement (MPA) is that no determination of affiliation may be found between a protégé and its mentor solely because of assistance provided under the agreement. A recent decision of the Small Business Administration (SBA) Office of Hearings and Appeals, Avar Consulting, Inc., upheld a size determination which found that a protégé was not affiliated with its SBA-approved mentor through economic dependence, even though the revenues it received from the mentor constituted over 70% of the revenues it received between formation and the date of size self-certification. A small business government contractor that anticipates future affiliation with a business under the 70% economic dependence rule should consider entering into an SBA-approved small business MPA with that business to prevent future revenues it receives from the business from being considered when economic dependence is assessed. [Read More]

SBA Falls Short in All Small Mentor-Protégé Program Evaluation
SBA’s Office of Inspector General (OIG) released a report titled “Evaluation of SBA’s All Small Mentor-Protégé Program.”SBA established the All Small Mentor-Protégé program in 2016 to extend SBA-approved mentor-protégé relationships to all small businesses. The program seeks to develop protégé firms through mentor-provided business development assistance and to help protégé firms successfully compete for federal contracts. OIG’s objectives were to determine whether SBA implemented effective controls to ensure it conducted initial application reviews and annual evaluations in accordance with the All Small Mentor-Protégé program regulations, and it measured program success. OIG found that SBA did not implement effective controls to ensure it conducted initial application reviews and annual evaluations to fully align with program regulations. Additionally, SBA did not fully adhere to established processes or ensure it appropriately documented assessments. Further, while SBA identified program performance indicators and a process to measure results, it did not effectively monitor and evaluate the results. Read the full report here.

SBA Lacks Sufficient Controls to Prevent Ineligible Entities from Participating in Small Business Programs
SBA’s OIG audited SBA’s suspension and debarment process. The objective was to determine whether SBA has sufficient controls in place to prevent suspended or debarred entities from receiving federal contracts through SBA’s preference contracting programs and small business loans. SBA’s OIG found that SBA has not established sufficient controls over its suspension and debarment process to prevent ineligible individuals or entities from participating in small business programs or to control the risk presented by potentially irresponsible entities participating in federal government programs. Read the full report here.

GAO Explores Options for Increasing Federal Contracting Opportunities for Mid-Sized Businesses
The GAO released a report examining how many small businesses grew to be mid-size and options for increasing federal contracting opportunities for mid-sized businesses. Some federal contracts are set aside for small businesses (categorized by their number of employees or their revenue). But what happens when these businesses grow to become mid-size? GAO found that, between 2008 and 2017, very few small businesses (about 2.5%) grew to mid-size and continued to receive some type of federal contract. However, stakeholders told GAO that implementing a mid-sized business set-aside would likely reduce opportunities for small businesses. Read the full report here.

Related Government Contracts Law Presentations by PilieroMazza

EVENT: Selling Your Government Contracting Business or Expanding Your Company Through Acquisition: M&A for Government Contractors, October 10, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

EVENT: Navigating the FAR/DFARS: The Most Confusing and Little Known Clauses, October 17, 2019, Speakers: Kathryn Flood and Emily Rouleau. [Read More]

WEBINAR: PCI Subcontracting Summit 2019: Purchasing Systems, October 22, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

WEBINAR: PCI Subcontracting Summit 2019: Administration, November 19, 2019, Speaker: Isaias “Cy” Alba. [Read More]

SMALL BUSINESS PROGRAMS & ADVISORY SERVICES

SBA Seeks Comments on Potential Changes to Export Loan Programs Regulations
SBA issued advance notice of proposed rulemaking and seeks comments on potential changes to the regulations governing its Export Loan Programs. The SBA 7(a) Loan Program includes three financing options for U.S. small business exporters, or businesses adversely affected by import competition. The purpose of these programs is to provide access to capital for U.S. small business concerns to support expansion into international markets and the growth of U.S. small business exports. Read the published version here.

Related Small Business Programs & Advisory Services Presentations by PilieroMazza

WEBINAR: PCI Subcontracting Summit 2019: Purchasing Systems, October 22, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

WEBINAR: PCI Subcontracting Summit 2019: Administration, November 19, 2019, Speaker: Isaias “Cy” Alba. [Read More]

Read More...

Weekly Update for Government Contractors and Commercial Businesses - September 19, 2019

If you have questions concerning the content below, please visit this link.

NATIVE AMERICAN LAW

Key Ruling on Native American Sovereign Immunity Stands—for Now, September 13, 2019, Paul Mengel
The Fourth Circuit case Williams v. Big Picture Loans is being hailed as a major victory for Native American sovereign immunity rights. For entities owned by Native American tribes, the case stands as an important ruling for determining arm-of-the-tribe sovereign immunity. The case may be appealed to the Supreme Court. [Read More]

CYBERSECURITY & DATA PRIVACY

DOD Needs to Fully Implement Program for Piloting Open Source Software
Open source software is code that is released under a license which grants users the right to modify, share, and reuse the software. Making code available for reuse as open source can have major benefits such as decreasing costs and improving efficiencies. The National Defense Authorization Act for Fiscal Year 2018 required the Department of Defense (DOD) to submit a plan to Congress for initiating the open source software pilot program established by Office of Management and Budget (OMB) memorandum M-16-21. The Government Accountability Office (GAO) released a report titled “Information Technology: DOD Needs to Fully Implement Program for Piloting Open Source Software.” This report found that DOD has not fully implemented an open source software pilot program and related policy requirements. For the requirement of securing data rights and inventory code, DOD issued a memorandum that directs contracting officers to secure data rights and to identify all source code created after August 2016. However, DOD’s components have not executed these activities nor has DOD identified a milestone for when they will be completed. Read the full report here.

LABOR & EMPLOYMENT LAW

NLRB Adopts Contract Coverage Standard for Determining Whether Unilateral Changes Violate NLRA
The National Labor Relations Board (NLRB) adopted the “contract coverage” standard for determining whether a unionized employer’s unilateral change in a term or condition of employment violates the National Labor Relations Act (NLRA). In doing so, NLRB abandoned the “clear and unmistakable waiver” standard, which has been rejected by several federal courts of appeals, notably including the Court of Appeals for the District of Columbia Circuit, which has plenary jurisdiction to review NLRB rulings. The decision is M.V. Transportation, Inc. Under the “contract coverage” or “covered by the contract” standard, NLRB will examine the plain language of the parties’ collective-bargaining agreement to determine whether the change made by the employer was within the compass or scope of contractual language granting the employer the right to act unilaterally. If it was, NLRB will honor the plain terms of the parties’ agreement, and the employer will not have violated the National Labor Relations Act by making the change without bargaining. Read more here.

Actions Needed to Improve Planning for Center Operation Contracts
The Department of Labor’s (DOL) Job Corps program helps low-income youth obtain various skills, including those needed to find a job. Its centers are operated mostly by contractors. GAO released a report titled “Job Corps: Actions Needed to Improve Planning for Center Operation Contracts.” This report reviews DOL’s use of bridge contracts at these centers. Such contracts can prevent a lapse in service after a contract ends. However, in certain circumstances, they may increase the risk of government overpaying. The report found that 68 contractor-run centers operated under bridge contracts during program year 2016, but use of bridge contracts decreased substantially the next year. GAO recommends that DOL better plan for awarding center contracts. Read the full report here.

Related Labor & Employment Law Presentations by PilieroMazza

PODCAST: PilieroMazza’s GovCon Live! presents “Ex Rel. Radio,” our multi-part series on the False Claims Act, which includes commentary on potential pitfalls for your company, enforcement issues, and emerging trends. Check out our latest episode “Building Compliance: Construction Industry Concerns Under FCA” with Sarah Nash and Jon Williams, which went live on August 19th. [Read More]

EVENT: Clearing a DOL Audit,September 25, 2019, Speakers: Nichole Atallah andSarah Nash. [Read More]

BUSINESS & CORPORATE LAW

Related Business & Corporate Law Presentations by PilieroMazza

WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Incentive Compensation Plans Designed to Retain Talent and Grow the Business,October 15, 2019, Speaker: Kathryn Hickey. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

GOVERNMENT CONTRACTS LAW

5 Things Government Contractors Should Know About Task Order Protests, September 11, 2019, Michelle Litteken
With the fiscal year coming to a close, federal agencies are issuing notices of award and disappointed offeror letters. Because of the push toward category management and the growth in government-wide acquisition contracts and indefinite delivery, indefinite quantity contracts, many of the procurements involve task orders. Although a task order may be similar to a contract in many respects, the rules that apply to protesting the award of a task order are different. Understanding these rules is essential for any government contractor competing for task order awards. Here are five things contractors should know about task order protests. [Read More]

Request to Review Revision and Renewal of Information Collection Requirement Submitted
DOD, the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) issued a notice that submits an information collection requirement regarding changes, change order accounting, and notification of changes to OMB for review and approval. The information collection title is titled “Changes, Change Order Accounting, and Notification of Changes.” This clearance covers the information that contractors must submit to comply with Federal Acquisition Regulation (FAR) part 43 requirements. For acquisitions exceeding the simplified acquisition threshold for dismantling, demolition, or removal of improvements; and constructions, under a fixed-price contract, the contractor must assert its right to an adjustment under this clause within 30 days after receipt of a written change order or the furnishing of a written notice, by submitting to the contracting officer a written statement describing the general nature and amount of proposal, unless this period is extended by the government. Additionally, the contractor, for each change or series of related changes, shall maintain separate accounts, by job order or other suitable accounting procedure, of all incurred segregable, direct costs (less allocated credits) of work, both changed and not changed, allocable to the change. The contractor shall maintain these accounts until the parties agree to an equitable adjustment or the matter is conclusively disposed of under the Disputes clause. Lastly, under these new requirements, if a negotiated research and development or supply contract for the acquisition of major weapon systems or principal subsystems is expected to be $1,000,000 or more, the contractor shall notify the Administrative Contracting Officer in writing if the contractor identifies any government conduct (including actions, inactions, and written or oral communications) that the contractor regards as a change to the contract terms and conditions. Read the published version here.

DOE Has No Assurance That It Took Best Procurement Approach
The Economy Act of 1933 provides authority for federal agencies to acquire goods and services through interagency agreements, if those goods or services cannot be provided as conveniently or at a lower price by commercial enterprises. DOE can enter into two types of agreements: interagency acquisitions and interagency transactions. In both cases, the servicing agency may charge a fee for assistance, such as a percentage of the contract value or an itemized charge for services. In some cases, DOE enters into agreements on behalf of the management and operating contractors that manage its sites. Between fiscal years 2012 and 2017, DOE paid approximately $9.7 billion to other agencies, and the Office of Inspector General initiated an audit to determine whether DOE’s use of interagency agreements complied with applicable regulations and DOE policies. DOE’s Office of Inspector General has released a report titled “Audit Report: DOE-OIG-19-46.” This report determined that DOE has not fully complied with applicable regulations, since—without adequate acquisition planning—DOE may not have acquired goods and services as conveniently or economically as possible by using interagency agreements instead of using a commercial enterprise. Read the full report here.

FAC Final Rules Summary Released
DOD, GSA, and NASA issued a summary presentation of FAR rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in the Federal Acquisition Circular (FAC) 2019-06.

  • Item I adopts an interim rule published on June 15, 2018, that prohibits the use of hardware, software, and services developed or provided, in whole or in part, by Kaspersky Lab, a Russian cybersecurity company. The rule also requires contractors to report any such hardware, software, or services discovered during contract performance.
  • Item II removes an obsolete requirement for 8(a) contractors to obtain written approval from the Small Business Administration (SBA) and the contracting officer before subcontracting the performance of any contract requirements.
  • Item III is a final rule that establishes the Contract Performance Assessment Reporting System as the official system for past contract performance information, and replaces the Past Performance Information Retrieval System.
  • Item IV is a final rule that adds Australia as a new World Trade Organization Government Procurement Agreement country.

Read the published version here.

PPIRS References Removed from DFARS
DARS issued a final rule amending the DFARS to update references to the Past Performance Information Retrieval System (PPIRS) for past performance information and replace with Contractor Performance Assessment Reporting System (CPARS) to implement changes following the official retirement of PPIRS and subsequent merger with the CPARS effective January 15, 2019. This rule also amends the DFARS to replace references to “Past Performance Information Retrieval System-Statistical Reporting” with “Supplier Performance Risk System” and update the associated web addresses. Read the published version here.

Related Government Contracts Law Presentations by PilieroMazza

WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Subcontract Pricing, September 24, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

SMALL BUSINESS PROGRAMS & ADVISORY SERVICES

SBA Accepting Nominations for National Small Business Week Awards
SBA is now accepting nominations for its 2020 National Small Business Week Awards, including the annual Small Business Person of the Year. For more than 50 years, National Small Business Week has celebrated the inspiring achievements of America’s small businesses and the countless contributions they make to their local communities, and to our nation’s economy. SBA Awards given in celebration of National Small Business Week from May 3–9, 2020. Visit SBA’s website to nominate a deserving small business owner, and learn more here.

SBA Submits Proposed Reporting and Recordkeeping Requirements to OMB
SBA issued a notice submitting proposed reporting and recordkeeping requirements to the OMB for review and approval. The Emerging Leaders Initiative aims to assist established small businesses located in historically challenged communities with increasing their sustainability, attracting outside investment, and strengthening each community’s economic base by creating jobs and providing valuable goods and services. SBA conducts annual performance-monitoring activities to assess the short- and intermediate-term outcomes of participants in the Emerging Leaders Initiative. SBA uses three survey instruments to collect the assessment information from the participants in each training cohort. Read the published version here.

Read More...

Please fill following information to download presentation