SBA to Increase Size Standards with Inflationary Adjustment
Tomorrow, SBA will issue an interim final rule increasing the receipts-based size standards for inflation. An unpublished version of the rule is available here . The change should be effective August 17, 2019, 30 days after the scheduled publication of the rulemaking. Comments to the rule are due September 16, 2019. For government contractors whose status changes in the System for Award Management (“SAM”) from “other than small” to “small,” as a result of the inflation adjustment, SBA advises that the . . . Read More
Impact of California Consumer Privacy Act on Government Contractors and Commercial Businesses
The California Consumer Privacy Act (“CCPA”) will go into effect on January 1, 2020. Similar to the European Union’s General Data Protection Regulation (“GDPR”), CCPA creates significant compliance challenges for government contractors and commercial businesses doing business in California, with several states following suit. Under CCPA, fines from the Attorney General for businesses that do not comply could be as high as $7,500 per violation, with CCPA also granting consumers the right to bring private action, exposing companies to actual . . . Read More
SBA Issues Proposed Rule Changing Receipts Calculation to 5 Years, Implementing Small Business Runway Extension Act
On June 24, 2019, the Small Business Administration (SBA) published its long-awaited proposed rule changing the period of measurement for a receipts-based size calculation from three years to five years. This change was prompted by the Small Business Runway Extension Act (the Runway Act), which became law on December 17, 2018. SBA was slow to implement this change because SBA believes that the Runway Act amended a section of the Small Business Act that does not apply to SBA. “Nevertheless,” SBA says, . . . Read More
New IRS Requirements for EIN Applications Go Into Effect May 13, 2019
As we have all been scrambling to get our taxes completed this month, a new IRS requirement may have been overlooked that goes into effect on May 13, 2019. This new requirement impacts the process by which any new entity (including sole proprietorships, partnerships, limited liability companies, trusts, and corporations) can apply for an Employer Identification Number (EIN), the 9-digit identification number assigned to entities for tax filing and reporting purposes. The new requirements will impact all of our clients . . . Read More
SBA Seeks Comments on Reducing Unnecessary Regulatory Burden
On August 15, 2017, the U.S. Small Business Administration (“SBA”) released a request for information (“RFI”) seeking input from the public as to which SBA regulations should be repealed, replaced, or modified because they are obsolete, unnecessary, ineffective, or burdensome. The RFI is prompted by various Executive Orders seeking to reduce the number and costs of federal regulations, including Executive Order 13771, signed by President Trump on January 30, 2017, requiring agencies to identify two existing regulations that the agency may cancel for every new . . . Read More
Client Alert – Overview of Select Provisions on the SBA’s Final Rule of Limitations on Subcontracting
On May 31, 2016, SBA released its long anticipated final rule on the limitations on subcontracting. The final rule becomes effective on June 30, 2016. In order to help you understand how the final rule changes the existing regulations, we have prepared a chart of the major regulatory changes announced in the new rule which accompanies this letter In the final rulemaking, SBA adopted most of the changes announced almost a year and half ago in its proposed rule . . . Read More
Comments on Proposed Rule Regarding Small Business Subcontracting Improvements
After the recent small business subcontracting plan changes were implemented by the U.S. Small Business Administration (“SBA”) in its final rule at 78 Fed. Reg. 42391 , dated July 16, 2013, many of our clients have asked us how the SBA’s new rules should be interpreted in light of the existing FAR small business subcontracting requirements. We believe that the FAR Councils are taking the right steps to harmonize the SBA’s requirements with the obligations the FAR imposes. However, we believe that there are . . . Read More
Analysis of the Fair Pay and Safe Workplaces Proposed Rule
On May 28, 2015, the Defense Department, General Services Administration and National Aeronautics and Space Administration announced the Federal Acquisition Regulatory Council’s proposed rule to implement Executive Order 13673 “Fair Pay and Safe Workplaces” (EO), dated July 31, 2014. Together with the proposed Federal Acquisition Regulation (FAR), the Department of Labor (DOL) published proposed guidance (collectively, “Proposed Rules”), defining many terms set forth in the EO and beginning to establish a framework of expectations. PilieroMazza addressed the requirements of the . . . Read More
Comments on Proposed Rule Regarding the Women-Owned Small Business Federal Contract Program, RIN: 3245-AG72
We are writing to submit comments on the U.S. Small Business Administration’s (“SBA”) above-referenced proposed rule, issued May 1, 2015, 80 Fed. Reg. 24,846. Our firm represents small businesses, including women-owned and economically-disadvantaged women-owned small businesses (“WOSBs/EDWOSBs”), operating across the government contracting spectrum. Many of the WOSBs/EDWOSBs we represent and have talked to have been eagerly anticipating this rulemaking. The proposed rule places the SBA’s WOSB Program on equal footing with other SBA government contracting programs in providing for award . . . Read More