A Husband’s “Illusory” Control: Recent SBA Decision Clarifies Role of Spouse in EDWOSBs
Since inception of the WOSB Program, the SBA has been sensitive to the involvement of husbands in WOSBs and EDWOSBs. To combat the risk of a husband (or another man) running a WOSB or EDWOSB, the regulations require that the management and daily business operation of the concern be controlled by one or more women. However, the SBA also recognizes that as part of her management and control over the company, a woman may choose to hire her husband. But . . . Read More
Social Media Strikes Back! The Impact of Off-Hours Communications with Employees on Claims of Discrimination
How many of us have stared at a Facebook friend request from a boss or co-worker and wondered if clicking “accept” was a good decision? I know I’ve wondered if I really want my boss to know how many tattoos my sister has or what festival I spent the day at on Saturday instead of churning out more work. I’m willing to bet you’ve wondered something similar and for good reason. There is a massive amount of information stored on . . . Read More
Potential Blacklisting of Government Contractors Based on Labor Law Violations
On July 31, 2014, President Obama signed Executive Order 13673 , which will require companies bidding on federal contracts to disclose to agency contracting officers any violations (whether by administrative merits determination, arbitral award or decision, or civil judgment) of various federal wage and hour, discrimination, safety and health, labor and other laws (such as OSHA and workers’ compensation laws), as well as equivalent state laws during the previous three years. In addition to violations, the Executive Order requires prospective contractors to disclose . . . Read More
Protests: Timing Is of the Essence
Another federal government fiscal year end is quickly approaching and with it comes the usual uptick in spending, awards…and inevitable protests. If you are considering a protest, it is critical to understand the deadlines for filing. When to file varies depending on a number of factors including: the type of solicitation; whether or not a debriefing is required; the protest grounds; and whether the solicitation was a set-aside that may trigger a size or status protest. Different forums are available . . . Read More
Employee Stock Ownership Plans: More Confusion for Veteran-Owned Small Businesses
My house, my rules. That was the approach seemingly taken by the Department of Veterans Affairs (“VA”) when it crafted the regulations governing eligibility of Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses (collectively, “VOSBs”) for the Veterans First Contracting Program (the “VA Program”). The VA appears to have patterned its rules off the Small Business Administration’s (“SBA”) rules for both the 8(a) Business Development Program and the Service-Disabled Veteran-Owned Small Business Concern (“SDVO SBC”) Program (the “SBA Program”), which has created a lot of confusion for veterans participating in both . . . Read More
What to Do When an Investigator Comes Knocking
Our firm has observed a significant uptick in the investigation of government contractors in the last few years. This is driven, in large part, by a political and regulatory environment that assumes fraud, waste and abuse are endemic in the government contracting space. Operating in this environment, contractors should have plans in place to deal with government investigators. We usually recommend that firms take the following steps in the event an investigator comes knocking at their door: Contact your legal . . . Read More
SCA H&W Rate Increases to $4.02 per hour Effective July 22, 2014
The prevailing health and welfare (H&W) fringe benefit rate was increased effective July 22, 2014 to $4.02 per hour, with the exception that the benefit rate in Hawaii will be $1.66. The new H&W rate applies to “all invitation for bids opened, or other service contracts awarded on or after July 22, 2014.” The contracting agency must include a new wage determination reflecting the new H&W rate to trigger the contractor’s obligation to pay the higher H&W rate. The contracting . . . Read More
An 8(a) Contracting Cautionary Tale’s Final Scene
Many may have fond childhood memories of their parents reading cautionary tales or poems to them before going to bed, such as Hilaire Belloc’s “Rebecca: Who Slammed Doors For Fun and Perished Miserably” or Shel Silverstein’s “Sarah Cynthia Sylvia Stout Would Not Take the Garbage Out.” Like these poems, the stories are usually very funny. Yet, however ludicrous they may be, the writings often teach valuable life lessons without (usually) giving children bad dreams in the process. When one exits . . . Read More
The gTLD Explosion: Changes to Domain Names that All Businesses Should be Aware Of
The universe of domain names within the internet is undergoing radical change and businesses need to be aware of how to navigate in this new world. On June 20, 2011, the Internet Corporation for Assigned Names and Numbers (“ICANN”), the international non-profit corporation that oversees the domain name system in the internet, approved the launch of its new generic top-level domains (“gTLD”) program dramatically expanding the existing gTLD system. gTLDs are the extensions (i.e., letters or words) that come to the right of the “dot” in a . . . Read More
EEOC Issues New Pregnancy Discrimination Guidelines
On July 14, 2014, the Equal Employment Opportunity Commission (EEOC), in a split decision, issued new guidelines regarding its enforcement of pregnancy discrimination laws. Although the guidance should be carefully reviewed, among the most notable changes is that the EEOC now interprets the Pregnancy Discrimination Act (PDA) to require employers to provide reasonable accommodation to employees who have work restrictions due to pregnancy even if the employee does not qualify as disabled or is not regarded as disabled under the Americans with . . . Read More