The Weekly Update for July 22, 2016

The Weekly Update, Publications 07.22.16

GOVERNMENT CONTRACTS Small Business Mentor-Protégé Programs DEPARTMENT OF JUSTICE Civil Monetary Penalties Inflation Adjustment This week’s report follows,  click here if you would like to download a copy . GOVERNMENT CONTRACTS Small Business Mentor-Protégé Programs The U.S. Small Business Administration (“SBA”) is amending its regulations to implement provisions of the Small Business Jobs Act of 2010, and the National Defense Authorization Act for Fiscal Year 2013. Based on authorities provided in these two statutes, the rule: (1) establishes a government-wide mentor-protégé program for all small business concerns, consistent with SBA’s mentor-protégé program for participants in . . . Read More

NLRB to Collect More Data About Federal Contractors Charged with Unfair Labor Practices

Blog 07.21.16

By Julia Di Vito On July 1, 2016, the National Labor Relations Board (“NLRB”) announced that it will ask employers that receive unfair labor practice complaints to report information that would identify them as government contractors. Anne Purcell, Associate General Counsel of the NLRB, issued Memorandum OM 16-23 to the NLRB’s regional offices directing the NLRB to collect additional data points regarding employers charged with unfair labor practices. This new practice is in furtherance of the 2014 Fair Pay and . . . Read More

SBA Simplifies Minority Shareholder Affiliation Rule for Loan Program Applicants

Blog, Business & Transactions 07.21.16

By: Peter B. Ford

SBA recently issued a final rule redefining the rules of affiliation for firms applying to SBA’s business loan programs. The final rule separates and distinguishes the loan program affiliation rules from SBA’s government contracting and business development programs. Moreover, the final rule simplifies the guidelines for determining affiliation for small business eligibility as it relates to the loan programs. Case in point—the minority shareholder rule. Under the new minority shareholder rule, when no single owner (individual or entity) holds more . . . Read More

How the New Defend Trade Secrets Act of 2016 Impacts Government Contractors

Blog, Business & Transactions, Intellectual Property 07.14.16

By Kimi Murakami The overwhelming bipartisan passage by both the House and Senate of the new Defend Trade Secrets Act of 2016 (“DTSA”) which was signed into law (18 U.S.C. §§ 1831-1839) by the president on May 11, 2016, marks not only an unusual display of political unity in Washington, but also presents an ideal moment for federal government contractors to assess and update their policies and procedures relating to trade secrets. To make sure you are ready for the . . . Read More

Citing Kingdomware, Federal Circuit Confirms Award of GSA Schedule Task Order Falls Within Tucker Act Bid Protest Jurisdiction

Blog 07.12.16

By Megan Connor Contractors seeking to challenge the award of task orders, which the procuring agency referred to as “options” or “extensions,” received a big win from the Federal Circuit in  Coast Professional, Inc. et al. v. United States , No. 2015-5077 (Fed. Cir. July 12, 2016). The Federal Circuit concluded that the Court of Federal Claims (“COFC”) erred in its decision that the “award-term task orders” at issue were not new task orders for purposes of bid protest jurisdiction, and vacated and remanded the COFC’s decision. In Coast . . . Read More

7 Key Risks for Contractors in Transit Procurements

Blog, Business & Transactions 07.06.16

By Michael A. de Gennaro Your company has reviewed an RFP issued by a municipal authority to select a firm to operate and maintain transit services, and the business team has signed off on the economics of submitting a bid. As your company’s counsel, you have been tasked with identifying the legal risks of the procurement, with the aim of identifying the “most important” considerations. In many instances, legal review will be approached as more or less a formality, with . . . Read More