New CIO-SP4 Modification – An Undue Restriction on Competition and a Violation of SBA Regulations?
On June 22, 2021, the National Institutes of Health Information Technology Acquisition and Assessment Center (NITAAC) issued its third modification to the Chief Information Officer-Solutions and Partners 4 (CIO-SP4) Request for Proposals (RFP). Among other things, NITAAC made significant changes to how subcontractors and mentors in Small Business Administration (SBA) approved mentor-protégé programs are treated for purposes of the evaluation. The RFP appears to disallow the use of any subcontractor experience, past performance, or other qualifications, including from small businesses, . . . Read More
DOD, GSA, and NASA Issue Proposed Rule to Update the HUBZone Program in the FAR
The Small Business Administration (SBA) updated its Historically Underutilized Business (HUBZone) program in a final rule issued on November 26, 2019, at 84 FR 65,222. The Department of Defense, General Services Administration, and the National Aeronautics and Space Administration have issued a proposed rule seeking to amend the Federal Acquisition Regulation (FAR) to correspond with the updates made by the SBA. The proposed changes to the FAR include: updating the small business concern definition, adding in status protest procedures for . . . Read More
Biden Announces 50 Percent Increase in Small Disadvantaged Business Contracting Goals: Key Details for Government Contractors
On June 1, 2021, President Biden marked the 100-year anniversary of the Tulsa Race Massacre by announcing the Biden-Harris Administration’s plan to increase small disadvantaged business (SDB) contracting goals by fifty percent. The White House also released new information regarding President Biden’s American Jobs Plan. Below are key details on the new SDB contracting goals for government contractors. Biden’s announcement launched an all-of-government effort to expand contracting opportunities for underserved small businesses across the country. The new goal is to . . . Read More
DOD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights: 5 Things You Should Know
As we previously reported , Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (2018 NDAA) required the Department of Defense (DOD) to issue new regulations to establish more detailed and comprehensive post-award debriefing rights. In March 2018, DOD issued a class deviation to implement some, but not all, of the rights required by the 2018 NDAA. On May 20, 2021, DOD published a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement to make permanent various changes in the . . . Read More
SBA Proposes to Increase Small Business Eligibility for Loan Programs Through Size Standard Revisions
On May 25, 2021, the Small Business Administration (SBA) issued a proposed rule that would increase size standards for 49 industries in the Wholesale Trade (Sector 42) and Retail Trade (Sectors 44-45) sectors. The North American Industry Classification System (NAICS) codes under these sectors are not used to classify government acquisitions for supplies. Instead, procurements for supplies are classified under a manufacturing or supply NAICS code. Therefore, SBA estimates that this rule would not have any impact on federal contract dollars awarded . . . Read More
Operating Agreement Drafting Considerations: Removal of a Member
When establishing a multi-member limited liability company, it is important to plan for the worst. It may seem cynical to think about the end before the beginning, but every company has a half-life. And while relationships at the outset of any venture are typically strong, it often becomes necessary to remove or dissociate a member who is negatively impacting those relationships—or even the business. If no protection is built into the organizational documents, the members’ recourse is limited to circumstances . . . Read More
Ratification of Defective Corporate Actions Under the Virginia Stock Corporation Act
In 2019, the Commonwealth of Virginia adopted a variety of amendments to the Virginia Stock Corporation Act (VSCA). While many of those amendments are already effective, some of the amendments will go into effect on July 1, 2021, including those addressing how a corporation may ratify defective corporation actions. These new provisions provide corporations with vital tools to ensure that actions taken by the corporation, which might otherwise be found to be void or voidable under Virginia law, are valid . . . Read More
8 Key Takeaways from Executive Order on Improving the Nation’s Cybersecurity for Government Contractors
On May 12, 2021, the Biden administration released a far-reaching executive order intended to improve the U.S. government’s cybersecurity posture, both internally and in any private information technology (IT) systems that “touch” federal IT systems. The executive order is available here , and a related fact sheet is available here . This executive order will work in tandem with existing initiatives, such as the Cybersecurity Maturity Model Certification (CMMC), the Federal Risk and Authorization Management Program, and National Institute of Standards and . . . Read More
Protecting Your Company Against Revenue Clawbacks: Preference Actions (Part 3 of 3)
This is the final part of our three-part series on revenue clawbacks. The scenario: a customer or teaming partner goes bankrupt and then they (or a trustee) demand you return money they already paid you for services or goods duly rendered. In the first entry , we discussed the definition of preferences and the policy purpose of preference actions. In the second , we identified five specific actionable items to take to limit your exposure to them. In this finale to the series, . . . Read More
Restaurants are Prime Targets for FLSA Lawsuits: 6 Tips for Employers Relying on the Tip Credit
The COVID-19 pandemic has been particularly difficult for the food and beverage industry. With stay-at-home orders, operational capacity restrictions, and indoor dining limitations imposed on restaurants and bars across most of the country throughout 2020 and into 2021, the impact has been significant. The hospitality industry lost hundreds of billions of dollars in anticipated revenues; beloved local eateries closed their doors temporarily or permanently; and millions of restaurant workers lost their jobs or left the hospitality industry altogether. Now, as . . . Read More