Small Business Goodies in the National Defense Authorization Act
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
Negotiating the Security Deposit Provision of Your Office Lease
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
Timing Matters, Not Just Size When Protesting Long Term Contracts
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
Five Things That Shouldn’t Keep You From Buying or Selling a Company
There may be several reasons holding you back from buying another company or from selling your own business. However, there’s a new normal in the government contracting space. With increased competition for work, a tight economy, and stricter and more costly regulations requiring compliance, strategic acquisitions as a pathway to faster and more significant growth should be part of the long term strategy considerations for government contractors of all sizes. The flip side, of course, is that you may be . . . Read More
Constitutionality of 8(a) Program Reaffirmed
Earlier this year, a judge of the U.S. District Court for the District of Columbia reaffirmed the facial constitutionality of the 8(a) Program in response to a challenge by a small business owner, and he also rejected an argument that the program is unconstitutional because it violated the “non-delegation” doctrine. The case is Rothe Development, Inc. v. Department of Defense, No. 12-CV-0744, 2015 WL 3536271 (D.D.C. June 5, 2015). This is the second recent constitutional challenge to the 8(a) Program . . . Read More
OHA Clarifies Non-Manufacturer Rules For Procurements Conducted Under Simplified Acquisition Procedures
Last month, the SBA Office of Hearing and Appeals (“OHA”) issued a decision which has clarified that, as in the past, for procurements conducted under simplified acquisition procedures, offerors who wish to qualify as a small business under the non-manufacturer rule do not have to supply the end item of a small business. This holding arose from a change in SBA regulations which—intentionally or not—created an ambiguity with regard to the ability of an offeror to offer the end item . . . Read More
Improvements Noted in the VA’s CVE Verification Process
By Alex Levine A new report by the U.S. Government Accountability Office (GAO) notes measurable improvement in the processes used by the Department of Veterans Affairs (VA) to verify Service-Disabled, Veteran-Owned Small Businesses (SDVOSBs) and Veteran-Owned Small Businesses (VOSBs). The report updates a 2013 GAO report, which had found numerous programmatic inefficiencies in the process used by the VA stemming from the VA’s failure to prioritize comprehensive, long-term strategic planning. According to the report, since that time, the VA has . . . Read More
VA Proposes Significant Changes to Its VOSB/SDVOSB Verification Program
On November 6, the Department of Veterans Affairs (VA) issued a proposed rule amending its regulations governing the VA’s verification program for veteran owned small businesses (VOSBs) and service-disabled veteran owned small businesses (SDVOSBs). 80 Fed. Reg. 68795 . The VA proposed both minor, technical changes as well as substantive amendments with the aim of striking a balance between preventing fraud and providing a process that would make it easier for VOSBs and SDVOSBs to become verified. The most notable change is the VA’s . . . Read More
The 10 Most Common Mistakes in Employment Handbooks That Can Lead to Legal Liability
In this article, we decided to focus on 10 common mistakes that can expose your company to potential legal liability: Using a “one-size fits all” approach. It’s tempting to use a handbook template you find online as your own. It may be okay to use one as a place to start, but you should not rely on a template when drafting a handbook. Each business is unique with different policies and workforces, not to mention each may be subject . . . Read More
Kingdomware Vs. the VA: Supreme Court Case to be Dismissed?
First, if you are not familiar with the Kingdomware case, please review this blog post as it will give you a good overview of the case background . If you are already aware of the Kingdomware case, you will likely be surprised to hear that on November 4, 2015, the U.S. Supreme Court issued an order to the parties in the Kingdomware case to submit briefs on whether the case is moot and should, therefore, be dismissed. In its order, the Supreme Court basically asked the parties whether the contract at issue has already been performed and, . . . Read More