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The Small Business Administration (“SBA”) has had a very busy week. First, on May 24, 2016, the agency issued “Statement of General Policy No. 3” (“the Statement”) clarifying the hotly debated inter-affiliate sales exclusion (an issue relating to the counting of annual receipts for purposes of determining size). Then, yesterday, the agency published a lengthy final rule, which implements the long-awaited small business regulation changes mandated by the National Defense Authorization Act (“NDAA”) of 2013. Collectively, the Statement and the rule make a number of very important changes affecting Federal contractors. Some of the most important changes are:
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WelcomeOnviaLegalLandscape to the fourth edition of Legal Landscape, a series we have developed with Onvia’s blog to provide government contractors with a quick, but thorough, summary of important legal developments and regulations in government contracting, as well as a plain-English explanation of how those developments may affect contractors at all levels of government. Contractors should keep in mind that state and local agencies often look to changes in federal regulations as a guide for future changes at their respective levels. Changes recently made in the federal arena are likely to trickle down to state and local governments.
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This article was originally published by Law360 on December 16, 2015.

In the past year, the Small Business Administration has issued proposed rules that will likely result in major regulatory changes. Some of the most important changes are those relating to its mentor-protege program, and the performance of work requirements for prime contractors. The proposed rules affecting these areas have the potential to substantially alter the landscape of small business contracting in 2016.


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The Small Business Administration (“SBA”) recently issued a favorable decision on behalf of a firm client in a size determination case, and we wanted to share information from that decision with you.  While the decision is unpublished, it serves as a reminder of an important exception to the small business contracting rules relating to joint ventures and set aside contracts. 
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As maChange Ahead Signny of you already know, back in February 2015, the SBA issued its long-awaited proposed rule aimed at expanding its mentor-protégé program.  The proposed regulations implement changes introduced by the Jobs Act of 2010 and the National Defense Authorization Act of 2013, and would permit firms, other than those that are 8(a) Certified, to participate in the mentor-protégé program.  Moreover, if the proposed rule becomes final, all of the companies participating in the revamped program will be able to take advantage of the exclusion from affiliation.  While this was great news for many at the time, it has been almost nine months since this rule was issued and there has been no sign of any further action by the SBA.  Many of our clients have been asking when the SBA is actually going to put these changes into effect.  Well, it seems like we might finally have an answer. 
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WelOnviaLegalLandscapecome to the second edition of Legal Landscape, a series we have developed with Onvia’s  blog to provide government contractors with a quick, but thorough, summary of important legal developments and regulations in government contracting, as well as a plain-English explanation of how those developments may affect contractors at all levels of government. In this issue, we discuss recent compliance and enforcement trends in federal as well as state and local government contracting. State and local contractors should keep in mind that state and local agencies often look to changes in federal regulations as a guideline; changes recently made in the federal arena are likely to trickle down to state and local governments soon.

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The Construction Industry offers tremendous opportunities and challenges for any business owner.  However, when your customer is the federal government, there are extra requirements that can either make or break your business.  What happens when you get the bad news that you didn’t win that contract you were competing for?  Want to know why?  Join

OnviaLegalLandscape

Exciting news!  We recently teamed up with Onvia, a well-known government contracting resource delivering the necessary data, business intelligence, analytics and tools to help clients succeed in the government market.  In addition to our continued posts on this blog, we will now be publishing a series called Legal Landscape on Onvia’s blog.  The quarterly series is specifically designed to provide government contractors with a quick, but thorough, summary of important legal developments, as well as a plain-English explanation of how those developments may affect you.


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The SBA is on a roll!  It seems that ringing in the new year has invigorated the agency, prompting it to act on the various outstanding directives set forth in the National Defense Authorization Act for Fiscal Year 2013 (“NDAA”).

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Last Thursday, the agency issued its long-awaited proposed rule on the expansion of the Mentor-Protégé

You probably already know about set-aside programs offered by the Small Business Administration (SBA) and the Department of Veterans Affairs (VA), but did you know that provisions in your corporate governance documents could ruin your eligibility for those programs? Ed DeLisle and Maria Panichelli’s new article for Onvia covers critical corporate governance provisions that could