Weekly Update Newsletter - October 2015

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GOVERNMENT CONTRACTS

Notice Establishing a Minimum Wage for Contractors

The Department of Labor, Office of the Secretary, published a new notice correcting its September 16, 2015 notice by publishing Appendix A and Appendix B. The September 16, 2015 notice announced the applicable minimum wage rate to be paid to workers performing work on, or in connection with, federal contracts covered by Executive Order 13658, beginning January 1, 2016, 80 Fed. Reg. 55646. The published notice omitted Appendix A and Appendix B. Both documents are available on the Wage and Hour Division website.

Contract Debts—Conform to FAR Section Designations

The Department of Defense, Defense Acquisition Regulations System, issued a final rule amending the Defense Federal Acquisition Regulation Supplement to establish that the Electronic Data Access system is the primary tool for distributing contracts and contract data, and to provide internal control procedures for data verification to ensure contract documents in the Electronic Data Access system are accurate representations of original documents. This rule also removes outmoded language that is not consistent with the electronic document processes, 80 Fed. Reg. 58630. The final rule is effective September 30, 2015.

SMALL BUSINESS ADMINISTRATION

Proposed Rule on Affiliation for Business Loan Programs and Surety Bond Guarantee Program

The U.S. Small Business Administration, has proposed a rule which will simplify the guidelines for determining affiliation for eligibility based on size as it relates to the following programs: Surety Bond Guarantee Program; business loan programs (which consists of the 7(a) Loan Program and the Business Disaster Loan Program); the Microloan Program; and the Development Company Program (i.e. 504 Loan Program). This proposed rule would redefine affiliation for all five Programs, thereby simplifying eligibility determinations, 80 Fed. Reg. 59667. Comments are due on, or before, December 1, 2015.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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