Nonpayment of Subcontractors: Can Subcontractors Get Any Help From the Government?
Among other benefits for multi-family investors, the Small Business Jobs Act provides enhanced capital gains tax savings for investments in qualified rural opportunity funds (QROF) by (i) a temporary deferral from the...more
On October 5, the Information Security Oversight Office (ISOO) issued a joint notice (Joint Notice) with the Small Business Association (SBA) and in coordination with the Department of Defense (DOD) clarifying that the...more
In April 2022, opportunity zone (OZ) legislation — H.R. 7467 or the Opportunity Zones Improvement, Transparency and Extension Act — was introduced, but not enacted. Among other items, that legislation included proposals to...more
On June 9, 2023, US House Ways and Means Committee Chairman Jason Smith introduced the American Families and Jobs Act, which would have major implications for several provisions of the Tax Cuts and Jobs Act of 2017 (TCJA) and...more
This month's bid protest spotlight considers two recent protests. J.E. McAmis Inc. v. U.S. is an important decision by the U.S. Court of Federal Claims concerning the court's lack of authority to review the U.S. Small...more
This month's bid protest spotlight focuses on one recent U.S. Court of Federal Claims decision and two U.S. Government Accountability Office decisions. While all three protests were unsuccessful, each serves as a different...more
The final rules increase the receipts-based small business size standards for these industries, allowing many businesses to remain a small business for longer or regain their small business status. The final rules increase...more
The Court of Federal Claims (COFC) recently affirmed that agencies are required to apply the “Rule of Two” to all federal acquisitions in its decision of Tolliver Grp., Inc. v. United States. Further, agencies must give a...more
On November 27, 2020, the Small Business Administration (SBA) published a Proposed Rule to revise the small business size standards for businesses in five North American Industrial Classification System (NAICS) sectors in an...more
The proposed rule would increase the receipts-based small business size standards for 70 service industries in five industrial sectors, allowing many businesses to qualify or re-qualify for small business set-aside...more
The proposed rule would increase the receipts-based small business size standards for 46 service industries, allowing many businesses to remain a small business for longer or regain their small business status. Using a...more
Recent developments in small business procurement policy indicate that the government’s increase in the amount of contract awards to small businesses is likely to continue. The government exceeded its 23 percent small...more
Effective August 19, 2019, the Small Business Administration (“SBA”) has updated and increased the monetary-based size standards (i.e. receipts-based and assets-based size standards). The SBA announced this change back in...more
The “Small Business Runway Extension Act of 2018,” which would expand the period of measurement for small business status from three years to five, is one step closer to becoming law, having recently passed the House and...more
On December 22, 2017, the President signed into law the bill formerly known as the Tax Cuts and Jobs Act (the Final Bill). This alert summarizes the principal provisions affecting Section 529 Qualified Tuition Programs and...more
Although subcontractors lack privity of contract with the government customer and subcontract disputes generally are governed by local law, subcontractors do have some legal leverage to help them get paid....more
A new Federal Acquisition Regulation (“FAR”) final rule that implements a section of the Small Business Jobs Act of 2010 requires certain prime contractors to “self-report” to their contracting officers all reduced or...more
The FAR Council has issued a final rule amending the Federal Acquisition Regulation ('FAR") to implement a section of the Small Business Jobs Act of 2010. The new rule, which goes into effect on January 19, 2017, will...more
Mr. Brant’s article offers readers a broad overview of the QSub election and a review of the history surrounding its statutory creation. In addition, it provides a rather in-depth discussion of the QSub qualification...more
In a Memorandum Opinion issued on June 17, 2016, the U.S. District Court for the District of Columbia applied the so-called "presumed loss" rule to assess the full contract value as the measure of the government’s loss for...more
If adopted as proposed, the costs to government contractors to implement changes necessary to meet the reporting obligations could be substantial. On January 20, the Department of Defense, General Services...more
GOVERNMENT CONTRACTS - Payment of Subcontractors - DOD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation to implement the section of the Small Business Jobs Act of 2010 that requires...more
Why it matters - In recent remarks at the State Small Business Credit Initiative Conference, Comptroller of the Currency Thomas J. Curry discussed the state of small business credit programs, emphasizing the “crucial...more
GOVERNMENT CONTRACTS - DoD, GSA, and NASA Issue a Proposed Rule to Amend FAR: Consolidation and Bundling of Contract Requirements - The Department of Defense (DoD), General Services Administration (GSA), and...more
As we explained in a previous blog post, Section 825 of the National Defense Authorization Act for FY 2015 creates sole source authority for participants in the Woman-Owned Small Business ("WOSB") Program. ...more