The Weekly Update June 30, 2017
LABOR AND EMPLOYMENT Occupational Safety and Health Administration, Department of Labor On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) published a rule entitled “Improve Tracking of Workplace Injuries and Illnesses” with an effective date of January 1, 2017 for the final rule’s electronic reporting requirements. The final rule sets an initial deadline of July 1, 2017, as the date by which certain employers are required to electronically submit the information from their completed 2016 Form 300A to . . . Read More
One Size Does Not Fit All: Hidden Size Certification Issues for 8(a) Contractors With Multiple Award Contracts
Savvy small business contractors holding Multiple Award Contracts (“MAC”) know that the small business size representations that they make at the outset of contract award will typically last the “life” of the contract, absent other size status recertification triggering events, such as a merger, acquisition, or contract novation. See, e.g., 13 C.F.R. § 121.404(g). This means that a contractor that represented itself as a small business at the time of contract award may continue to rely upon that small business . . . Read More
Congress Targets VA Procurement Abuse: Seeks Enforcement of Limitations on Subcontracting Rule
A bill was recently introduced in the U.S. House of Representatives, H.R. 2749, known as the Protecting Business Opportunities for Veterans Act of 2017 (“Bill”), which, if passed, would require the Department of Veterans’ Affairs (“VA”), in administering the Veterans First Contracting Program (“Vets First”), to identify and penalize violations of the limitations on subcontracting (“LOS”) rule, outlined in the Small Business Act and discussed here . As a quick primer, under the Vets First Law ( 38 U.S.C. § 8127 ), the VA (1) . . . Read More
Evolutions in Whistleblowing: What Federal Contractors Need to Know
Presented by Cy Alba and Sarah Nash Click here to view the recorded session.
The Weekly Update June 23, 2017
SMALL BUSINESS ADMINISTRATION “SBA Ignite Tour Blazes Across the Country.” Small Business Administration Press Release, June 21, 2017. Retrieved from sba.gov. Administrator Linda McMahon announced that she will visit more than 60 cities as part of the SBA Ignite Tour, a national outreach campaign aimed to listen, educate, and advocate for small businesses and entrepreneurs. Administrator McMahon visited Las Vegas, Nevada on June 20 and visited Salt Lake City, Utah on June 21, 2017. Additional cities this summer include: Pittsburgh, Puerto . . . Read More
What’s in a name? Alleviating Confusion About Trademarks
“You ask, ‘What’s in a name?’ I answer, ‘Just about everything you do.’” – Morris Mandel The name of your company is important. It is the proper noun that identifies the company. It is the official name under which the company does business. The company has built its brand under that name. To protect the reputation or goodwill that you have built in the public under the company’s name you should consider seeking federal trademark registration. A federally registered mark affords . . . Read More
The Importance of a Carefully-Drafted Work-Share Provision
House Proposes Broader Application of “VA Rule of Two” to Close Kingdomware Loophole
On June 6, 2017, a bipartisan pair of lawmakers introduced a bill in the U.S. House of Representatives, H.R. 2781, known as the Ensuring Veteran Enterprise Participation in Strategic Sourcing Act (“Bill”), which, if passed, would have a significant impact on how the Department of Veterans Affairs (“VA”) administers the Veterans First Contracting Program (“Vets First”) and specifically—the “Rule of Two.” As a brief background, the “Rule of Two” requires the VA to set aside procurements for veteran-owned small businesses . . . Read More
Implementing A Service Contract Act Compliant Paid Leave Policy
Presented by Nichole Atallah and Meghan Leemon Click here to view the recorded session.
The Weekly Update June 16, 2017
GOVERNMENT CONTRACTING “GSA Adds Hundreds of Small Businesses to the 8(a) STARS II GWAC Contract.” GSA Press Release, June 15, 2017. Retrieved from gsa.gov. The GSA 8(a) STARS II Governmentwide Acquisition Contract (“GWAC”) recently added approximately 500 qualified industry partners during an Open Season. The Open Season enables GSA to continue its support of the U.S. Small Business Administration’s (“SBA”) 8(a) Business Development Program and assist agencies in meeting their small business goals. With over 3,200 task order awards and . . . Read More