herrmann

The SBA’s Two New Recertification Rules

The Small Business Administration (“SBA”) has issued two more regulations that will require that small businesses recertify their size when they engage in a merger and/or acquisition (“M&A”). The regulations, published in conjunction with the final limitation on subcontracting regulation and the new mentor-protégé program, further limit the ability of small businesses to engage in acquisitions that could impact their continued performance of small business set-aside contracts. Both are certain to make it more difficult for small businesses to engage . . . Read More

Understanding SBA’s New Government-Wide Small Business Mentor-Protege Program

Presented by Tony Franco and Katie Flood Handout: Chart comparing the prior and current rule  

PilieroMazza Legal Advisor – Third Quarter

In this Issue: Category Management: What Contractors Need to Know Aftermath of the Kingdomware Decision: Where Does the VA Go From Here?  Estate and Succession Planning Essentials for Small Business Owners Size Recertification Now Required for Pending Proposals After Merger or Acquisition 

PilieroMazza Legal Advisor – Third Quarter 2016

In this Issue: Category Management: What Contractors Need to Know Aftermath of the Kingdomware Decision: Where Does the VA Go From Here?  Estate and Succession Planning Essentials for Small Business Owners Size Recertification Now Required for Pending Proposals After Merger or Acquisition 

Out With the Old “Mad Men” Era Sex Discrimination Guidelines for Federal Contractors

By Final Rule on August 15, 2016, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) updated its sex discrimination guidelines, in an effort to ensure that companies doing business with the federal government refrain, in accordance with current law and today’s workplace environment, from discriminating against their employees, based on their sex.   The OFFCP had previously determined that the original guidelines and regulations, which enforce Presidential Executive Order (E.O.) 11246 and date back as far as . . . Read More

Our Comments in Response to FAR Case 2015-15 Regarding the Federal Strategic Sourcing Initiative – FSSI

PilieroMazza recently submitted comments to the General Services Administration stating that the proposed rule should not be applied in small business set-asides, the brief analysis should allow for flexibility, and the notice of proposed rulemaking understates the impact on small businesses.  Click here to read the proposed rule Click here to read our comments submitted to SBA 

DOJ Doubles Penalties for Violation of the False Claims Act

By Ambi Biggs The Department of Justice (“DOJ”) has issued an interim final rule that dramatically increases the dollar amount for civil penalties that can be assessed against an entity or individual who violates the False Claims Act (“FCA”). Under the FCA, 31 U.S.C. § 3729, et seq., anyone who knowingly presents a “false or fraudulent” claim to the government for payment or approval or knowingly makes or uses a false record or statement material to a false or fraudulent claim . . . Read More

The Weekly Update for August 12, 2016

GOVERNMENT CONTRACTS Procurement of Commercial Items OMB to Announce Final Decisions for 2017 NAICS Revisions LABOR AND EMPLOYMENT Amendment of Americans With Disabilities Act Title II and Title III This week’s report follows,  click here if you would like to download a copy . GOVERNMENT CONTRACTS Procurement of Commercial Items DOD is proposing to amend the DFARS to implement sections of the National Defense Authorization Acts for Fiscal Years 2013 and 2016 relating to commercial item acquisitions as follows: (1) definitions of “market prices,” “market research,” “nontraditional defense contractor,” “relevant sales data,” and “uncertified cost . . . Read More

Don’t Miss Your Chance to Provide Feedback on the Government’s Strategic Plan for Professional Services

By Michelle Litteken On August 2, 2016, the General Services Administration (“GSA”) released the government’s new Professional Services Strategic Plan for industry comment. The Strategic Plan outlines the actions the government will take to manage spending for professional services. The professional services category is the second largest of the 10 category management categories with $63 billion in spending in FY 2015. This category includes business administrative services, marketing and distribution, public relations and professional communications, financial services, and technical and . . . Read More

The Weekly Update for August 5, 2016

SMALL BUSINESS ADMINISTRATION HUBZone and the National Defense Authorization Act for Fiscal Year 2016 Amendments GOVERNMENT CONTRACTS Detection and Avoidance of Counterfeit Electronic Parts Amendments Related to Sources of Electronic Parts This week’s report follows,  click here if you would like to download a copy . SMALL BUSINESS ADMINISTRATION Small Business Mentor-Protégé Programs The SBA is amending its regulations to the HUBZone Program.  The amendments: (1) authorize Native Hawaiian Organizations (“NHO”) to own HUBZone small business concerns; (2)  expand the HUBZone Program to assist small businesses in disaster areas and base closure areas; and (3) . . . Read More