The Small Business Administration has enacted an extremely useful change in Small Business Law. The Similarly Situated Entities Rule, allows small businesses to meet their obligations under the Limitations in Subcontracting Requirements much easier by allowing them to subcontract work out to First Tier Subcontractors, and if those Subcontractors are the same Status as the Prime Small Business, and the 1st tier subcontractor will self-perform the work, the work performed counts towards the primes self performance requirements. This is an awesome change! Read on!
Winners Announced! Please view the 2016 Winner's Supplement and Full List of Winners Below Moser Rose Best Small Business Law Firm - USA
The long awaited final rule regarding the Mentor-Protégé Program has been published. This rule in essence levels the playing field among small businesses creating a mentor protégé program, similar, if not exactly like, the 8(a) mentor protégé program for all small businesses that will allow all small businesses to obtain developmental assistance from larger mentors, and form joint ventures with those mentors to pursue small business and other set-aside contracts. The rules governing the new Small Business Mentor-Protégé Program will be published in the CFR at 13 C.F.R. 125.9, entitled “What are the rules governing SBA’s Small Business Mentor-Protégé Program?” It will provide a program very similar to the process for the 8(a) program.
The new rule, effective June 30, 2016, amends the U.S. Small Business Administration's (SBA or Agency) regulations to implement provisions of the National Defense Authorization Act of 2013 Primarily, the impacts pertain to performance requirements applicable to small business and socioeconomic program set-aside contracts and small business subcontracting. This rule also amends SBA's regulations concerning the non-manufacturer rule and affiliation rules. This rule allows a joint venture to qualify as small for any government procurement as long as each partner to the joint venture qualifies individually as small under the size standard corresponding to the NAICS code assigned in the solicitation.
On June 16, 2016, Justice Clarence Thomas delivered a unanimous opinion of the Supreme Court of the United States that sent a thundering message to the Department of Veteran Affairs – SUPPORT VETERANS!!!
The SBA published a final rule effective June 30, 2016 that will affect many areas of Government contracting including the Limitations on Subcontracting, Subcontracting Plans, Affiliation, Joint Ventures, and the non-Manufacture Rule.
The Army updated its EM-385-1 OSHA regulations applicable to DOD construction in a presentation comprised of more than 200 slides.
Contracting Officers are Granted Authority to Restrict Competition to Eligible Women-Owned Small Businesses!!!
SBA published a final rule allowing for sole source awards to women-owned small businesses on October 14, 2015. While originally mandated in section 825 of the National Defense Authorization Act for Fiscal Year 2015, Public Law 113-291, 128 Stat. 3292 (December 19, 2014) (2015 NDAA), it in effect validates that in many industries women are underrepresented in Federal contracting.
The Obama Administration published its Proposed Rule and Proposed Guidance implementing the “Fair Pay and Safe Workplaces” Executive Order, (E.O.) which President Obama issued on July 31, 2014. This Federal register Notice was issued on May 28, 2015. Read more!
New Rules Changes to Subcontracting Plans and Good Faith Efforts to use Subs used on Bid Preparation
DoD, GSA, and NASA are proposing to revise the FAR to implement regulatory changes made by the Small Business Administration in its final rule at 78 FR 42391, dated July 16, 2013, concerning small business subcontracting. Among other things, SBA's final rule implements the statutory requirements....
On February 5, 2015, the Small Business Administration (SBA) issued a proposed rules that would establish a mentor-protégé program for all small businesses, including HUBZone, Women-Owned Small Businesses and Service Disabled Veteran Owned Small Businesses. Here is the entire Moser Rose article