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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...more

Transactional Data Reporting: Brave New World

As part of its Category Management initiative, the U.S. General Services Administration (“GSA”) has piloted the Transactional Data Reporting rule (“TDR”), which is meant to provide a greater degree of transparency into the...more

Lower Tier Small Business Subcontracting Plan Credit Finally In Sight

Right before the tail end of 2016, SBA delivered its long-awaited Final Rule regarding lower-tier small business subcontracting plan credit. Implementing directives initiated by Congress in the 2014 National Defense...more

Mentor-Protégé Joint Venturing: Friend or Foe?

With the arrival of the All Small Mentor-Protégé Program, the question of how to structure teaming relationships has come to the forefront of many contractors’ minds. This is especially true because companies in approved...more

How to Succeed Under SBA’s New Mentor-Protege Program

As of November 1st, SBA’s certify.sba.gov portal is operational and accepting applications for the new Small Business Mentor-Protégé program. By now, you’ve heard of the program and are considering its potential value for...more

Understanding SBA's New Government-Wide Small Business Mentor-Protege Program

OVERVIEW - Small Business Mentor-Protégé Program - Mechanics - Eligibility - Compliance Requirements - Application - All Small Business Joint Ventures - Other Important Rule Changes...more

PilieroMazza Legal Advisor - Third Quarter

GOVERNMENT CONTRACTING - Category Management: What Contractors Need to Know - In December 2014, the Office of Management and Budget (OMB) announced a new initiative called Category Management. This policy could...more

Size Recertification Now Required for Pending Proposals After M&A - Set-Aside Alert

Effective June 30, 2016, the SBA has implemented a final rule regarding the subcontracting limitation requirements mandated by the National Defense Authorization Act of 2013. Please see full Alert below for more...more

SBA Releases Long Anticipated Final Rule Establishing Governmentwide Mentor-Protégé Program for All Small Business Concerns

On July 25, 2016, SBA published the eagerly anticipated Final Rule establishing a governmentwide mentor-protégé program for all small business concerns. While there are a few departures from the details outlined in the...more

FAQ on the Limitations on Subcontracting New Rules

We recently held a live seminar and a webinar on the new Limitations on Subcontracting (“LOS”) rule. We reviewed the questions submitted during the sessions, and noticed that many of the same questions were being asked by...more

Client Alert - Overview of Select Provisions on the SBA’s Final Rule of Limitations on Subcontracting

On May 31, 2016, SBA released its long anticipated final rule on the limitations on subcontracting. The final rule becomes effective on June 30, 2016. In order to help you understand how the final rule changes the existing...more

Comments on Proposed Rule Regarding Electronic Filing System and Filing Fee

Dear Mr. Kang: We are writing to submit comments on the U.S. Government Accountability Office’s (“GAO”) proposed rule, issued April 15, 2016, 81 Fed. Reg. 22,197. Our firm represents small businesses operating across...more

GAO Proposes Rule to Create New Electronic Filing System and Fee

On April 15, 2016, GAO released a proposed rule announcing its intent to create an electronic bid protest filing and document dissemination system. The proposed system will implement requirements of Section 1501 of the...more

Subcontracting Smart: Labor Relations and Subcontracting Plan Obligations Between Prime Contractors and Subcontractors

Labor & Employment - General Obligations - - Prime is on the hook - Flow down all obligations to the subcontractor - Comply with all applicable labor laws - FLSA, SCA, DBA, OFCCP -...more

Comments on Advance Notice of Proposed Rulemaking Regarding Women-Owned Small Business and Economically Disadvantaged Women-Owned...

Dear Ms. Fernandez: We are writing to submit comments on the U.S. Small Business Administration’s (“SBA”) above-referenced advance notice of proposed rulemaking (“ANPR”), issued December 18, 2015, 80 Fed. Reg. 78,984....more

The House Small Business Committee Releases a Spate of Small Business Legislation

On the heels of a GAO report calling for more leadership attention to be paid to SBA’s “management challenges,” a number of bills have been referred to the House Small Business Committee since the new year started, calling...more

Comments on U.S. Department of Veterans Affairs' Proposed Rule to Amend the VA's VOSB Verification Program

Dear Mr. Leney: We are writing to submit comments on the above-referenced Proposed Rule, issued November 6, 2015, 80 Fed. Reg. 68,795, to amend the VA’s VOSB Verification Program. In our practice, we represent many...more

SBA Seeks Comment on WOSB Certification Process

Today, SBA released an advance notice of proposed rulemaking, which will amend the WOSB Program certification process. In the 2015 NDAA, Congress directed SBA to end self-certification for WOSBs and EDWOSBs and implement a...more

12/21/2015  /  NDAA , Public Comment , SBA , WOSB

Small Business Subcontracting Plans: End of Year Roundup

If you have been following the latest news on subcontracting plan requirements, you will know that the landscape has been rapidly shifting over the past year. In response to various statutory mandates from Congress, both SBA...more

Comments on the Proposed Rule Regarding Credit for Lower Tier Small Business Subcontracting

Dear Ms. Fernandez: We are writing to submit comments on the above-referenced Proposed Rule, issued October 6, 2015, 80 Fed. Reg. 60,300, to amend the U.S. Small Business Administration’s (“SBA”) regulations pertaining...more

PilieroMazza Legal Advisor - Fourth Quarter 2015

More Small Business Subcontracting Plan Changes: SBA Proposes to Allow Subcontracting Plan Credit for Small Business Subcontractors at any Tier - Following recent proposed changes to the FAR’s small business...more

The Mandatory Disclosure Rule – Demystifying Your Disclosure Requirements

It’s that gut-check scenario: You realize that your company has made a mistake on an invoice submitted on a government contract, or that your company has mistakenly represented its size or socioeconomic status. Regardless of...more

A Refresher on the Non-Manufacturer Rule

Unless you are a small business regularly engaged in selling supplies to the U.S. Government, you may have only a passing familiarity with the requirements of the Non-Manufacturer Rule (NMR). The NMR is an exception to the...more

Comments on Proposed Rule Regarding Small Business Subcontracting Improvements

After the recent small business subcontracting plan changes were implemented by the U.S. Small Business Administration (“SBA”) in its final rule at 78 Fed. Reg. 42391, dated July 16, 2013, many of our clients have asked us...more

Subcontracting Plans: How Implementing Best Practices Now Can Save You Headaches Down the Road

As a federal contractor, there are already many areas where you must track your compliance with the rules and regulations carefully. One area increasingly receiving greater scrutiny from the government is prime contractors’...more

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