Five Reasons to File a Size Protest
Small business government contractors are sometimes resistant to the idea of filing size protests against their competitors. How much time and effort will it take? Is there enough evidence? Will the agency be offended? These are the types of questions that small business owners often ask themselves in deciding whether to challenge the size status of an apparent awardee and, in some instances, the answer to any one of them may justify a decision not to file a size protest. . . . Read More
Labor Smart 101 – What Employers Need to Know about the NLRA
Presented by Nichole Atallah and Corey Argust.
Time for A Check Up of Your Firm’s Compliance with Government Contracting Standards
Some of you may recall that, back in the 1970s, the legendary actor John Wayne appeared in public service announcements urging people to undergo a “check-up.” Now that the New Year has begun, it is a good time for small government contractors to undertake a “check-up” of their government contracting representations and certifications, as well as ethical compliance programs, to make sure they are still up to date. To begin, firms that pursue federal small business set-aside procurements should review, . . . Read More
Comments on Proposed Rulemaking Regarding WOSB and EDWOSB Certification
PilieroMazza recently submitted comments on the U.S. Small Business Administration’s Advance Notice of Proposed Rulemaking Regarding Women-Owned Small Business and Economically Disadvantaged Women-Owned Small Business—Certification issued December 18, 2015, 80 Fed. Reg. 78,984. We represent many small business federal contractors, including women-owned and economically-disadvantaged women-owned small businesses (“WOSBs/EDWOSBs”). We submitted the comments to assist SBA in drafting a viable proposed rule that is fair and workable for WOSBs and EDWOSBs. Click here to read our comments in their entirety: SBA Should Delay . . . Read More
Comments on Advance Notice of Proposed Rulemaking Regarding Women-Owned Small Business and Economically Disadvantaged Women-Owned Small Business Certification
Includes comments on: SBA Should Delay Implementation and Work to Change the Law SBA Certification Program If SBA Adopts the Certification Requirement, SBA Should Be the Only Certifier Streamlined Application Process Concurrent Certification Through 8(a) Program Term of SBA Certification Third Party Certification New Regulations & Procedures Are Needed if SBA Permits Third Party Certification in Addition to SBA Certification All Certifiers Should Apply or Re-Apply Term of Third Party Certification No Repository Access for Third Party Certifiers Mentor-Protégé Agreements . . . Read More
SBA Closes the Door on Resellers of Major Commercial Software
On January 26, 2016, SBA issued its final rule regarding proposed size standard increases to numerous NAICS codes, but one thing that could impact many IT contractors is the new requirement and/or clarification from SBA that IT Value Added Resellers (“ITVAR”) under the footnote/exception to NAICS Code 541519 do have to comply with the nonmanufacturer rule when reselling software under that code. This change does not impact those ITVAR contractors who perform on contracts where the largest portion, by dollar . . . Read More
The SBA’s Final Rule on the 8.73 Percent Inflationary Adjustment to the Monetary-based Size Standards can be Confusing
On January 25, 2016, the Small Business Administration (“SBA”) issued a final rule, effective immediately, adjusting the monetary-based size standards for inflation by 8.73%. While this final rule may suggest that the size standards have been increased again following the increase that went into effect in 2014, it actually reflects the same adjustment the SBA made in 2014, when an interim final rule was issued increasing the size standards. Thus, firms interested in pursuing set-asides under the revenue-based size standards . . . Read More
Creativity and Controlled Risk: A Recipe for a Successful M&A Transaction
One prevailing theme in merger and/or acquisition (M&A) transactions is risk allocation. How much risk is either the buyer or seller willing to assume? And, separately, what level of risk must either party assume in order to get the deal done? Assuming neither party has all the negotiating leverage, both parties will need to take on some amount of risk. There is a life adage that says “time heals all wounds.” In M&A transactions, however, the opposite is true; and, . . . Read More
SBA Closes the Door on Resellers of Major Commercial Software – Cy Alba – Set-Aside Alert
The Weekly Update for February 5, 2016
SMALL BUSINESS ADMINISTRATION Small Business Investment Company Program Click here if you would like to download a copy . SMALL BUSINESS ADMINISTRATION Small Business Investment Company Program SBA proposed a rule defining a new class of small business investment companies (SBICs) that will seek to generate positive and measurable social impact, in addition to financial return. This proposed rule sets forth regulations applicable to Impact SBICs with respect to licensing, leverage eligibility, fees, reporting, and compliance requirements, 81 Fed. Reg. 5666 . Comments are due by March 4, 2016.