SBA Announces New WOSB Online Portal
By Josh Humi Recently, the Small Business Administration (“SBA”) announced a new online portal to serve women-owned small businesses (“WOSBs”). The new portal allows WOSBs to manage their SBA-related documents, complete SBA application forms online, and receive notices of deadlines. In addition, the new portal supports self-certifications for WOSBs. SBA will be transferring existing repository documents to the new online portal, so WOSBs will not need to re-submit documents which they have already submitted to SBA. Furthermore, SBA is now managing all WOSB requirements through . . . Read More
Senate Armed Services Committee Releases 2017 NDAA Bill with Big Changes for GAO Protest Costs
By Julia Di Vito On May 12, 2016, the U.S. Senate Armed Services Committee (“SASC”) completed its markup of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2017. Several of the SASC’s changes to the NDAA address the costs of bid protests at the GAO, and appear to be aimed at limiting the number of protests filed regarding Department of Defense (“DOD”) procurements. Specifically, the SASC’s version of the NDAA would add a new section to Chapter 137 of . . . Read More
How Many of Your Employees Will Now Be Entitled to Overtime? DOL Doubles Salary Requirements for Exempt Employees
We’ve been waiting for months for the Department of Labor (“DOL”) to release its final regulations making changes to the Fair Labor Standards Act (“FLSA”) overtime exemptions, Part 541, and today, the wait came to an end. As expected, the final rule includes a significant increase in salary threshold and a method to automatically increase the threshold every three years. Following are the highlights you need to know to be the master of the watercooler (or staff meeting) this week . . . Read More
Missing a Wage Determination in a SCA-Covered RFP? Ask for It.
By Megan Connor I recently participated in a webinar regarding Service Contract Act (“SCA”) compliance and during the webinar, a number of participants noted instances where a request for proposal (“RFP”) or solicitation did not include the relevant wage determination (“WD”), even though the agency otherwise incorporated the SCA clauses into the RFP. If you face a similar circumstance, you should be aware of your rights. First, the applicable regulations make clear that contracting officers—not contractors—are required to determine if the . . . 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
Drafting Indemnification Provisions to Address Common Issues
By Ambi Biggs Corporate bylaws and operating agreements often contain provisions that provide for indemnification to directors, officers and in some cases employees and agents who become parties to litigation, arbitration or investigations by reason of their service with the corporation. By shifting responsibility for liability that may arise from actions taken in their roles as officers and directors from the individuals to the company, indemnification provisions can ease potential corporate officers’ minds and induce them to fill necessary roles . . . Read More
U.S. Supreme Court Hears Oral Argument on Implied Certification Theory of the False Claims Act
We recently wrote about an important case , Universal Health Services v. United States ex rel. Escobar, up for consideration by the Supreme Court which could have a large impact on government contractor liability under the False Claims Act (“FCA”). As we previously explained, the FCA establishes liability for anyone who knowingly presents a “false or fraudulent claim” for payment. 31 U.S.C. § 3729. The false certification theory of liability under the FCA, at issue in the case before the Supreme Court, involves a legally false claim where . . . 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