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1Q2019 Legislative and Regulatory Roundup

Posted on March 25, 2019
With the first quarter of the year turning the corner, we wanted to provide a quick overview of some key developments in the legislative and regulatory world affecting small business government contractors: Proposed Law for SDVOSB and VOSB Verification On October 1, 2018, the 2017 National Defense Authorization Act consolidated the VA and SBA...
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New rule clarifies strict interpretation of prohibition on charging workers recruitment fees (FAR 52.222-50).

Posted on February 27, 2019
Although FAR 52.222-50 (Combating Trafficking in Persons) has for years barred federal contractors and their subcontractors from charging employees or potential employees “recruitment fees”, the outer limits of what might constitute a “recruitment fee” has been the subject of much debate within industry. That debate is now over in light of a recent rule interpretation that took...
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I’m a small business considering a bid protest. Should I file, and if so, where?

A glance at some relevant data may provide some initial orientation to the landscape. The congressionally mandated FY18 RAND Corporation study on bid protests of DoD procurements found that less than 0.3 % of contracts are actually protested. Of the protests that were filed, more than half of all bid protests were made by...
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H.R. 190 seeks to expand contracting opportunities for small businesses, reinforce certification requirements

Posted on February 26, 2019
A new bill, H.R. 190, proposes to amend the Small Business Act to increase the ability of the government to make sole-source awards to certain small business concerns. On January 3, 2019, the new bill, called “Expanding Contracting Opportunities for Small Businesses Act of 2019” was introduced in the U.S. House of Representatives and...
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Proposed changes to FRCP 30(b)(6) (deposition of a corporate representative) and how they may affect you.

Posted on February 9, 2019
Rule 30(b)(6) of the Federal Rules of Civil Procedure has long been both a blessing and a curse for litigators. It allows for a deponent corporation, partnership, association, or government entity to identify an individual or a number of individuals to testify on the entity’s behalf. That individual, when testifying, is speaking for the...
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New Law Makes It Easier For Contractors To Qualify For Small Business Set-Aside Contracts

Posted on December 21, 2018
Update: The SBA has issued guidance which takes the position that the new calculation method does not take effect until SBA completes the rulemaking process to conform its regulations to this law and so the new calculation method is not applicable to present contracts, offers, or bids.  Whether this position could pass muster if challenged...
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