Weekly Update Newsletter - September 2017 #3

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SMALL BUSINESS ADMINISTRATION

“Rules of Practice for Protests and Appeals Regarding Eligibility for Inclusion in the U.S. Department of Veterans Affairs, Center for Verification and Evaluation Database”

The U.S. Small Business Administration (“SBA”) is proposing to amend the rules of practice of its Office of Hearings and Appeals (“OHA”) to implement procedures for protests of eligibility for inclusion in the Department of Veterans Affairs Center for Verification and Evaluation (“CVE”) database, and procedures for appeals of denials and cancellations of inclusion in the CVE database. These amendments would be in accordance with Sections 1832 and 1833 of the National Defense Authorization Act for Fiscal Year 2017 (“NDAA 2017”). Comments to this proposed rule are due on, or before, October 30, 2017. 82 Fed. Reg. 45212.

Small Business Size Standards; Adoption of 2017 North American Industry Classification System for Size Standards

The U.S. Small Business Administration (“SBA”) has adopted, without change, its proposed revisions to small business size standards. With the adoption of the proposed changes, SBA incorporates the U.S. Office of Management and Budget's North American Industry Classification System (“NAICS”) revision for 2017, identified as NAICS 2017, into its table of small business size standards. NAICS 2017 created 21 new industries by reclassifying, combining, or splitting 29 existing industries under changes made to NAICS in 2012 (NAICS 2012). SBA's size standards for these 21 new industries have resulted in an increase to size standards for six NAICS 2012 industries and part of one industry, a decrease to size standards for two, a change in the size standards measure from average annual receipts to number of employees for one, and no change in size standards for twenty industries and part of one industry. This final rule is effective October 1, 2017. 82 Fed. Reg. 44886.

CAPITOL HILL

“Unified Framework for Fixing our Broken Tax Code” House Committee on Ways and Means Press Release, September 27, 2017. Retrieved from waysandmeans.house.gov.

On September 27th, the Trump Administration, House Committee on Ways and Means, and Senate Committee on Finance released their unified framework to reform our nation’s tax code, which emphasized joint efforts to extend economic opportunities to American workers, small businesses, and middle-income families. You can read the entire document here.

“Shaheen, Velázquez to Equifax: Provide Assistance to Small Businesses Caught up in Data Breach” Senate Committee on Small Business and Entrepreneurship Press Release, September 27, 2017. Retrieved from sbc.senate.gov.

The top Democrats on the Senate and House Small Business Committees wrote the newly installed leadership of Equifax about the impact the company’s historic cybersecurity breach will have on the country’s 29 million small business owners. They are seeking answers on how the company will contain the damage and help small business victims.

GOVERNMENT CONTRACTING

“Actions Needed to Demonstrate and Better Review Compliance with Select Requirements for Small Business Advocates” GAO Public Report, September 25, 2017. Retrieved from gao.gov.

On September 25, 2017, the U.S. Government Accountability Office (“GAO”) publicly released its August 2017 report on small business contracting, having surveyed 24 federal agencies for compliance with section 15(k) requirements for the Office of Small and Disadvantaged Business Utilization. GAO included highlights from the study, as well as policy recommendations based on its findings. The report can be found here.

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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