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
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
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.
We recently wrote about issues bidders have faced with submitting proposals via FedConnect that have led to GAO concluding the bidders’ proposals were untimely . In line with these decisions, GAO has again demonstrated its strict enforcement of solicitation instructions and deadlines in Matter of: Advanced Decisions Vectors, Inc., B-412307 (Jan. 11, 2016) by denying a bidder’s challenge to the Department of Homeland Security’s (DHS) decision not to consider the bidder’s quotation because the quotation was not received by the solicitation’s deadline. In Advanced Decisions Vectors, DHS issued an RFQ through the GSA’s e-Buy system to vendors holding contracts under the MOBIS . . . Read More
This article is the final installment in a three-part series from PilieroMazza on the major labor law issues confronting employers in 2016 and how employers can effectively surmount those challenges. Over the last few weeks, we have written about significant changes in labor compliance in 2016. In addition to being prepared for those challenges, employers should consistently evaluate their employment policies and practices to ensure compliance with the complicated web of labor and employment laws at the federal, state, and . . . Read More
SMALL BUSINESS ADMINISTRATION Employee-Based Size Standards in Wholesale Trade and Retail Trade Small Business Size Standards: Inflation Adjustment to Monetary-Based Size Standards Industries with Employee-Based Size Standards Not Part of Manufacturing, Wholesale Trade, or Retail Trade Small Business Size Standards for Manufacturing DEPARTMENT OF LABOR Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act This week’s report follows, click here if you would like to download a copy . SMALL BUSINESS ADMINISTRATION Employee Based Size Standards in Wholesale Trade and Retail Trade The U.S. Small Business Administration (SBA or Agency) . . . Read More
This article is the second installment in a three-part series from PilieroMazza on the major labor law issues confronting employers in 2016 and how employers can effectively surmount those challenges. Contractors pursuing federal work have a host of legal compliance responsibilities and that list keeps getting longer. Recently, the White House has focused on labor regulation initiatives including executive orders addressing sexual orientation and gender identity, minimum wages, equal pay, pay transparency, sick leave, and general labor compliance. This is . . . Read More
By Julia Di Vito Winter weather can be frustrating for employers as facilities close or employees are unable to travel in to the worksite even when the worksite is open. Employers often wonder what their obligations are to pay employees during inclement weather events. The answer depends on the applicability of the Fair Labor Standards Act (FLSA) to the contractor’s employees. Employees who are not exempt from the overtime requirements of the FLSA and who are paid on an hourly . . . Read More
