On May 31, 2016, SBA released its long anticipated final rule on the limitations on subcontracting. The final rule becomes effective on June 30, 2016. In order to help you understand how the final rule changes the existing regulations, we have prepared a chart of the major regulatory changes announced in the new rule which accompanies this letter In the final rulemaking, SBA adopted most of the changes announced almost a year and half ago in its proposed rule . . . Read More
By Kimi Murakami The potential for government contractors to grow and become successful outside of the U.S. is tremendous and should not be overlooked by small businesses. The world outside our borders is a critical marketplace that should be considered as part of the growth strategy for domestic companies. According to the International Trade Administration of the U.S. Department of Commerce: more than 70 percent of the world’s purchasing power is located outside of the United States companies that export . . . Read More
This article is the second installment in a series on Data Rights in Federal Contracts. We first wrote about what data rights were . In this second installment, we will discuss the first contractor-produced item in which the government often takes rights that extend long after contract close-out: “non-commercial technical data.” Technical data, as defined by the FAR, is “recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation).” See FAR 52.227-14; DFARS 252.227-7013. . . . Read More
GOVERNMENT CONTRACTS Small Business Government Contracting and National Defense Authorization Act of 2013 This week’s report follows, click here if you would like to download a copy . GOVERNMENT CONTRACTS Small Business Government Contracting and National Defense Authorization Act of 2013 This final rule amends the U.S. Small Business Administration’s (SBA or Agency) regulations to implement provisions of the National Defense Authorization Act of 2013, which pertains to performance requirements applicable to small business and socioeconomic program set-aside contracts and small business subcontracting. This rule also amends SBA’s regulations concerning the nonmanufacturer . . . Read More
Liability under the False Claims Act (“FCA”) results in the imposition of treble damages and penalties. Government contractors should be aware that the mandatory penalties for FCA violations may nearly double starting in August of 2016. On November 2, 2015, President Obama signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Public Law 114-74) (the “2015 Act”). The 2015 Act requires federal agencies to issue regulations adjusting civil monetary penalties for inflation . . . Read More
Today, SBA issued its final rule to implement provisions of the National Defense Authorization Act of 2013, which pertains to the limitations on subcontracting (“LOS”) applicable to small business set-aside contracts, socioeconomic program set-aside contracts, and small business subcontracting. SBA issued this rule after considering all comments provided in the rulemaking and, while we are still reviewing the rule in more detail, we are pleased that the rule accounts for concerns raised during the rulemaking process and is not as . . . Read More
GOVERNMENT CONTRACTS Debt Refinancing in 504 Loan Program Small Business Size Standards This week’s report follows, click here if you would like to download a copy . GOVERNMENT CONTRACTS Debt Refinancing in 504 Loan Program The Small Business Administration has issued an interim final rule that implements Section 521 of Division E, the Consolidated Appropriations Act, 2016, which authorizes projects approved for financing under Title V of the Small Business Investment Act to include the refinancing of qualified debt, 81 Fed. Reg. 33123 . Comments are due by July 25, 2016 and the rule is effective . . . Read More
By Josh Humi Recently, the Small Business Administration (“SBA”) announced a new online portal to serve women-owned small businesses (“WOSBs”). The new portal allows WOSBs to manage their SBA-related documents, complete SBA application forms online, and receive notices of deadlines. In addition, the new portal supports self-certifications for WOSBs. SBA will be transferring existing repository documents to the new online portal, so WOSBs will not need to re-submit documents which they have already submitted to SBA. Furthermore, SBA is now managing all WOSB requirements through . . . Read More
