The Weekly Update July 7, 2017
CAPITOL HILL “Assessment and Enforcement of Domestic Preferences In Accordance with Buy American Laws.” June 30, 2017. Retrieved from whitehouse.gov. The Office of Management and Budget and Department of Commerce issued a memo to provide agency guidance in accordance to Executive Order 13788, Buy American and Hire American. The memo prompts agencies to assess their compliance with all statutes, regulations, rules, and Executive Orders relating “Buy America” or “Buy American” and Federal procurement. In order to maximize the Federal Government . . . Read More
Borrowing Under the SBA’s 7(a) Lending Program: Three Factors to Bear in Mind
As an entrepreneur or a small business owner, you know that access to capital is a crucial component in both the setting up and growing of your business. Capital is necessary at every stage, for example, enabling your business to order goods before you expect to be paid, paying for accumulating overhead costs, investing in client development and marketing, etc. — having access to capital is the lifeline for your business. However, entrepreneurs and small business owners often find that it . . . Read More
A Quick Guide to Phantom Stock and Stock Appreciation Rights
In the government contracting world, companies are often reluctant to create true equity incentive plans, such as options and restricted stock units. Small businesses have valid reasons for hesitating to offer equity to new individuals, such as a lack of familiarity with the person, an interest in retaining as much ownership as possible in the event that an equity transaction is necessary in the future, and the SBA’s rules on ownership, control, and affiliation, including the so-called “Present Effect Rule.” . . . Read More
House Small Business Committee Approves Legislation Providing For Expedited Partial Payments of Requests for Equitable Adjustment to Small Construction Contractors
A common frustration faced by many small business government contractors, particularly in the construction industry, is how often agencies make very costly unilateral change orders during the course of performance. Although a contractor may be able to receive compensation for the additional work it has performed through a request for an equitable adjustment (“REA”), whether due to agency budgetary constraints or other issues, processing of REAs is often subject to significant delays. The contractor may have serious cash flow constraints . . . Read More
The Weekly Update June 30, 2017
LABOR AND EMPLOYMENT Occupational Safety and Health Administration, Department of Labor On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) published a rule entitled “Improve Tracking of Workplace Injuries and Illnesses” with an effective date of January 1, 2017 for the final rule’s electronic reporting requirements. The final rule sets an initial deadline of July 1, 2017, as the date by which certain employers are required to electronically submit the information from their completed 2016 Form 300A to . . . Read More
One Size Does Not Fit All: Hidden Size Certification Issues for 8(a) Contractors With Multiple Award Contracts
Savvy small business contractors holding Multiple Award Contracts (“MAC”) know that the small business size representations that they make at the outset of contract award will typically last the “life” of the contract, absent other size status recertification triggering events, such as a merger, acquisition, or contract novation. See, e.g., 13 C.F.R. § 121.404(g). This means that a contractor that represented itself as a small business at the time of contract award may continue to rely upon that small business . . . Read More
Congress Targets VA Procurement Abuse: Seeks Enforcement of Limitations on Subcontracting Rule
A bill was recently introduced in the U.S. House of Representatives, H.R. 2749, known as the Protecting Business Opportunities for Veterans Act of 2017 (“Bill”), which, if passed, would require the Department of Veterans’ Affairs (“VA”), in administering the Veterans First Contracting Program (“Vets First”), to identify and penalize violations of the limitations on subcontracting (“LOS”) rule, outlined in the Small Business Act and discussed here . As a quick primer, under the Vets First Law ( 38 U.S.C. § 8127 ), the VA (1) . . . Read More
Evolutions in Whistleblowing: What Federal Contractors Need to Know
Presented by Cy Alba and Sarah Nash Click here to view the recorded session.
The Weekly Update June 23, 2017
SMALL BUSINESS ADMINISTRATION “SBA Ignite Tour Blazes Across the Country.” Small Business Administration Press Release, June 21, 2017. Retrieved from sba.gov. Administrator Linda McMahon announced that she will visit more than 60 cities as part of the SBA Ignite Tour, a national outreach campaign aimed to listen, educate, and advocate for small businesses and entrepreneurs. Administrator McMahon visited Las Vegas, Nevada on June 20 and visited Salt Lake City, Utah on June 21, 2017. Additional cities this summer include: Pittsburgh, Puerto . . . Read More
What’s in a name? Alleviating Confusion About Trademarks
“You ask, ‘What’s in a name?’ I answer, ‘Just about everything you do.’” – Morris Mandel The name of your company is important. It is the proper noun that identifies the company. It is the official name under which the company does business. The company has built its brand under that name. To protect the reputation or goodwill that you have built in the public under the company’s name you should consider seeking federal trademark registration. A federally registered mark affords . . . Read More