It’s a New Year, Are You Still a Small Business?
By Michelle Litteken It is a new year, and this is the perfect time for a small business to consider whether it still qualifies as a small business. We recommend that small businesses assess their size at least once a year. Because eligibility under a revenue-based size standard is based on a company’s average revenues from the most recently completed three fiscal years, and those revenues generally establish a company’s size for the entire upcoming year, the beginning of a . . . Read More
Three Big Reasons to Incorporate in America’s Second Smallest State: Delaware
By Dana Livne When our clients decide to launch a business, they often ask us about the incorporation process. Business owners incorporate their business primarily to limit their personal liability for business debts and obligations. Choosing where to incorporate is an important decision, because the state your company calls home will continue to influence a number of aspects of your company’s lifecycle. Over 50 percent of the United States’ companies choose to incorporate in Delaware, even if they do not . . . Read More
Fair Opportunity Complaints on Task and Delivery Orders
Last week, the General Services Administration (“GSA”) issued a final rule amending the General Services Administration Acquisition Regulation (“GSAR”) to clarify that the ordering-agency task and delivery order ombudsman has jurisdiction and responsibility to review and resolve fair opportunity complaints on task and delivery orders placed against GSA multiple-award contracts (“MACs”). The final rule also requires the ordering agency to include contact information for their task and delivery order ombudsman when placing task or delivery orders against MACs. In addition, . . . Read More
FAR’s Signature Requirements Strictly Enforced
Though we live in the electronic age, the pen’s power endures in the government contracts world—at least when it comes to signatures for certified claims. The Armed Services Board of Contract Appeals (“ASBCA”) recently held that it could not hear a contractor’s appeal under the Contract Disputes Act (“CDA”) for some of its claims worth over $100,000 because the certified claims that the contractor submitted contained typewritten names on the signature lines. Instead of putting pen to paper or affixing . . . Read More
Supreme Court Agrees to Hear Cases Attacking Arbitration Agreements With Class Action Waivers
On Friday, January 13, 2017, the Supreme Court agreed to consider arguments over whether employer arbitration policies that prohibit employees from filing class or collective actions are violative of the National Labor Relations Act. Justices granted cert to three petitions – in National Labor Relations Board v. Murphy Oil USA, Ernst & Young LLP v. Morris, and Epic Systems v. Lewis – each dealing with arbitration agreements requiring individual arbitration to resolve employer-employee disputes. In recent years employers have used . . . Read More
The Oft-Underappreciated Value of Intervening
By Michelle Litteken Many contractors are familiar with post-award bid protests. Soon after receiving notification of award, the contracting officer may notify the awardee that a bid protest has been filed by a disappointed offeror at the Government Accountability Office (“GAO”) or the Court of Federal Claims (“COFC”). However, some contractors are not aware of the option to participate in the proceeding if their award is challenged. Namely, at either the GAO or COFC, the awardee may intervene in the . . . Read More
Lower Tier Small Business Subcontracting Plan Credit Finally In Sight
By Katie Flood Right before the tail end of 2016, SBA delivered its long-awaited Final Rule regarding lower-tier small business subcontracting plan credit. Implementing directives initiated by Congress in the 2014 National Defense Authorization Act, the Final Rule allows other than small prime contractors with individual subcontracting plans to receive credit toward small business subcontracting goals for subcontract awards made to small businesses at any tier, to the extent reported on the subcontracting plans of its lower tier subcontractors. The Final Rule . . . Read More
SBA Corrects Discrepancy in Small Business Joint Venture Rules
By Megan Connor and Julia Di Vito On December 23, 2016, the U.S. Small Business Administration (“SBA”) issued a technical correction to its July 25, 2016 final rule regarding the new mentor-protégé program for all small business concerns to address an inconsistency among the joint venture rules applicable to the SBA’s various small business programs. The SBA’s July 25, 2016 rule provided that when a joint venture is a separate legal entity, the profits of the joint venture must be . . . Read More
DBE Contracting Opportunities under the Trump Administration
With President-elect Trump’s promise to turn America’s crumbling infrastructure into an opportunity for accelerated economic growth, there are likely to be significant investments in the next four years in transportation, construction, and other similar projects. The new administration’s plans are likely to have a particularly big impact on the highway construction industry, which stands to ultimately receive billions in federally-financed dollars. State and local governments will be first in line to receive the funds so they can be trickled down . . . Read More
Paid Sick Leave and Part of Fair Pay, Safe Workplaces in Effect January 1
Before you start in on the eggnog, keep in mind that the following rules, released just last week, are of importance to certain federal contractors and will be applicable as of January 1, 2017. Paid Sick Leave for Contractors The FAR Council issued its interim rule on December 16 implementing the final rule issued by the Department of Labor. Federal contractors will be required to provide one hour of paid sick leave for every 30 hours worked, for up to . . . Read More