The Department of Labor (DOL) recently announced that the applicable minimum wage rate to be paid to workers performing work on or in connection with Federal contracts covered by Executive Order 13658 (the “Order”) will increase from $10.10 to $10.15 per hour beginning January 1, 2016. The intent of the Order was not that contractors would have to bear the increase but that they would be eligible for an adjustment to their contract price based on the resulting increase in . . . Read More
By Katie Flood and Megan Connor Today, SBA released an advance notice of proposed rulemaking, which will amend the WOSB Program certification process. In the 2015 NDAA, Congress directed SBA to end self-certification for WOSBs and EDWOSBs and implement a certification process. SBA is now soliciting feedback on how to best implement Congress’ directive. Through the advance notice, SBA is providing commenters the ability to suggest what they believe is the most appropriate way to structure the WOSB/EDWOSB certification process . . . Read More
By Megan Connor Last week, GAO released its annual report to Congress, which included data concerning its protest filings for Fiscal Year 2015. Based on the data, GAO sustained the fewest protests in 2015 than in any prior year going back to 2011. In 2015, GAO received 2,639 cases, of which 2,496 were protests (versus requests for reconsideration or cost claims). Only 587 protests reached a decision on the merits and, of these, only 68 protests were sustained. This means that, roughly speaking, about 3 . . . Read More
By Michelle Litteken We are often contacted by a contractor soon after the company learns that its proposal was not selected for award, with the contractor is considering whether to file a bid protest. When a contractor is deciding whether or not to file a protest at the Government Accountability Office (“GAO”), one of the first questions that needs to be asked is whether a debriefing is required. Although that question seems straightforward, the determination can be complicated. You may . . . Read More
If you have been following the latest news on subcontracting plan requirements, you will know that the landscape has been rapidly shifting over the past year. In response to various statutory mandates from Congress, both SBA and the FAR Councils have recently introduced proposed rules which will change the already complex existing regulatory web. The end of the changes are not in sight, as Congress continues to propose new legislation addressing subcontracting plans and agencies themselves are taking the initiative . . . Read More
Often the House and Senate Small Business Committees utilize the annual National Defense Authorization Act (NDAA) to effectuate changes for small business. The NDAA must pass each year, so it is a useful vehicle upon which to attach small business provisions that may otherwise need to move through multiple congressional committees before becoming law. The NDAA for fiscal year 2016 moved through both the House and Senate and went before the conference committee. On October 7, 2015, the Senate approved . . . Read More
Includes: Allowing goaling credit under single contract subcontracting plans for small business subcontracts awarded at any tier Clarification of requirements for individual versus commercial plans Requiring prime contractors to list NAICS codes for each subcontract solicitation Permitting reliance on SAM representations
An important provision of an office lease is the security deposit provision. While it is beneficial to a landlord to maximize the size of the security deposit it receives from a tenant in order to ensure the tenant’s faithful performance of the terms of the office lease, transferring a cash security deposit to a landlord has real-world costs to the tenant. These costs include eliminating the potential use of the security deposit cash for other business purposes and putting the . . . Read More
Operating in a very competitive market, many small businesses are increasingly filing size protests to eliminate competitors against which they have lost contracts. These protests are not only filed on small business set asides but also 8(a), HUBZone, WOSB and SDVOSB set asides, as those procurements require that offerors qualify as small under the relevant size standard. Most small businesses know that size protests must be filed very quickly after receipt of a notice of proposed or actual award to . . . Read More
