A corporate entity is regarded by the law as a “person” for purposes of standing to sue and be sued, but an organization, whether corporation, partnership, governmental organization, or other entity, can act only through its officers, directors or other agents. Accordingly, when a corporate entity becomes a party to a lawsuit, whether as a plaintiff or as a defendant, it will undoubtedly be required, at some point, to provide testimony at deposition in the course of the discovery phase . . . Read More
On July 25, 2016, SBA released its long-awaited final rule creating the new mentor-protégé program for all small businesses. Many aspects of the new rule are very exciting and should be beneficial for the small business community at large. However, buried in the lengthy rulemaking are a few provisions that will be problematic for small businesses when the rules go into effect on August 24, 2016. One of the problematic provisions will adversely effect how many small businesses form joint . . . Read More
On July 25, 2016, SBA published the eagerly anticipated Final Rule establishing a governmentwide mentor-protégé program for all small business concerns. While there are a few departures from the details outlined in the Proposed Rule released nearly a year and half ago, the Final Rule generally adheres to the plan outlined in the Proposed Rule, which was modeled on the existing 8(a) mentor-protégé program. The Final Rule also contains changes in other areas of SBA’s regulations, such as the rules applying to . . . Read More
We recently held a live seminar and a webinar on the new Limitations on Subcontracting (“LOS”) rule. We reviewed the questions submitted during the sessions, and noticed that many of the same questions were being asked by attendees. We hope this article addresses several questions you may also have on LOS. We have grouped those questions by topic. Construction vs. Supplies vs. Services We received a couple of questions asking for clarification on which LOS rule applies to different . . . Read More
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
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 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
