SBA Protests: When Size or Status Comes Into Question
Presenters: Jon Williams and Alex Levine.
Qui Tam Actions on the Rise, but they Fall Short When the DOJ Does Not Intervene
By Ambi Biggs The number of qui tam actions–lawsuits brought by whistleblowers on behalf of the United States–has increased in recent years, more than doubling from 2003 to 2013. The primary federal statute under which qui tam actions can be brought is the False Claims Act (“FCA”), 31 U.S.C. § 3729, et seq. Under the FCA, anyone who knowingly presents a false or fraudulent claim to the government for payment or approval or knowingly makes or uses a false record . . . Read More
Proposed Rule Expected for White-Collar FLSA Overtime Exemptions
Secretary of Labor Thomas Perez announced yesterday that the U.S. Department of Labor has submitted a proposed rule on the white-collar FLSA overtime exemptions to the Office of Management and Budget (OMB). The proposed rule is in response to President Obama’s March 13, 2014 directive to the Secretary to revise the current regulations because of actual or perceived abuses of the exemptions and because the salary basis test has failed to rise at the rate of inflation. The salary threshold . . . Read More
Comments on the Proposed Rule Regarding the Small Business Mentor-Protege Program
Includes: New Mentor-Protégé Program for All Small Businesses Joint Ventures HUBZone Program Changes to the 8(a) Program Rules
PilieroMazza Submits Comments on Proposed Mentor-Protege Programs
Comments on Proposed Rule Regarding the Small Business Mentor Protégé Program; Small Business Size Regulations; Government Contracting Programs; 8(a) Business Development/Small Disadvantaged Business Status Determinations; HUBZone Program; Women-Owned Small Business Federal Contract Program; Rules of Procedure Governing Cases Before the Office of Hearings and Appeals , RIN: 3245-AG24 We are releasing our comments regarding the U.S. Small Business Administration’s (“SBA”) proposed rule of February 5, 2015, to establish a mentor-protégé program for all small businesses. See 80 Fed. Reg. 6618 . . . Read More
PilieroMazza Legal Advisor – Second Quarter 2015
In this issue: Subcontracting Plans: How Implementing Best Practices Now Can Save You Headaches Down the Road Recent ASBCA Decision Opens Door to New Approach for Contractors Negotiating Collective Bargaining Agreements WOSBs: Now It’s Your Turn
WOSBs: Now It’s Your Turn
By Ann Sullivan, Madison Services Group, Inc. Published in PilieroMazza’s Second Quarter 2015 Legal Advisor by guest author Ann Sullivan of Madison Services Group. In the coming days, the SBA is expected to issue proposed rules to implement sole source authority for the WOSB Federal Contracting Program. To be clear, as many are anxiously waiting, sole source authority is not yet available. But for those following the program, the hopefully-soon implementation will mark the final step in a 15-year crusade to start and strengthen a small . . . Read More
Another Option for Speedy Relief from an Adverse Agency Action
By Alex Levine A recent and novel decision by the U.S. Government Accountability Office (“GAO”) could have broader implications for small business contractors that hold federal supply schedule and multiple award contracts. In the case, Latvian Connection, LLC, a small business contractor was able to successfully challenge its exclusion from FedBid, a reverse auction platform run by a private company where sellers compete against each other for federal procurement contracts. FedBid had sought to suspend Latvian Connection’s account under a . . . Read More
Don’t Sit on Your Hands: Intervene at OHA If the NAICS Code Matters to You
By Michelle Litteken A recent decision from the Federal Circuit clarified whether the Court of Federal Claims (“COFC”) has jurisdiction to review the selection of North American Industry Classification System (“NAICS”) codes and reminded small business contractors of the need to exhaust administrative remedies—including intervening in protests at the Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”)—before challenging a NAICS code designation in court. Palladian Partners, Inc. v. Unites States, No. 2014-5125 (Fed. Cir. Apr. 22, 2015), involved . . . Read More
OHA Ruling Shows Danger in Proposed SBA Rule
As the saying goes, unless you have been living under a rock, then you know that SBA recently proposed new rules to create a mentor-protégé program for all small businesses. Less well known, however, is a provision included with the proposed mentor-protégé rules that would dramatically alter how applicants in non-designated groups qualify for the 8(a) Program. SBA is seeking to change the rules for establishing social disadvantage so the agency could reject a claim of social disadvantage if . . . Read More