September 11, 2023 Effective October 23, 2023. Shareholder On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act, Public Law 117-58. The Infrastructure Investment and Jobs Act...more
On September 1, 2023, the U.S. District Court for the Eastern District of Tennessee issued an order in Ultima Services Corp. v. U.S. Dept. of Agriculture, et. al., Case No. 2:20-cv-00041, as a result of the status hearing...more
On August 30, 2023, the Department of Labor (DOL) announced that it will be proposing new regulations that would increase the number of employees who are considered non-exempt and therefore entitled to overtime compensation....more
9/7/2023
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Proposed Amendments ,
Wage and Hour ,
Wages ,
White-Collar Exemptions
On August 30, 2023, the Small Business Administration (“SBA”) filed a “Notice of Compliance” in Ultima Services Corp. v. U.S. Dept. of Agriculture, et. al., Case No. 2:20-cv-00041, U.S. District Court for the Eastern District...more
August 29, 2023 Shareholder The Department of Defense (“DoD”), Civilian Agency Acquisition Counsel, and the Government Services Administration (“GSA”) have issued class deviations addressing the Small Business...more
On August 3, 2023, Senator Lisa Murkowski and Senator Dan Sullivan introduced S.2615, which would amend the Alaska Native Claims Settlement Act to provide that Alaska Native Village Corporations will no longer be required to...more
There were two important announcements from the Small Business Administration (“SBA”) on Monday, August 21, 2023:
- The SBA is extending the moratorium on the application of the bona fide place of business rule for 8(a)...more
On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more
8/23/2023
/ 8(a) Program ,
EDWOSB ,
Federal Contractors ,
HUBZone ,
Joint Venture ,
Mentor-Protege Program ,
Multiple Award Contracts ,
NAICS ,
New Rules ,
SBA ,
Small Business ,
Veterans ,
Women-Owned Businesses ,
WOSB
The decision in United States ex. rel. Bid Solve, Inc. v. CWS Marketing Group, Inc., Case No. 1:19-cv-1861 (“Bid Solve”), is an interesting and helpful case because it provides a reminder that while tax returns can be used...more
On July 27, 2023, the United States Senate passed its version of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2024 (S.2226), setting the stage for negotiation with the House of Representatives over the...more
On January 1, 2024, the Corporate Transparency Act (the “Act” or the “CTA”) will go into effect. It is expected to impact approximately 32.6 million small and medium-sized businesses in unregulated industries in its first...more
Over the past forty years, federal government contracting has cemented its status as one of the primary drivers of the Alaska economy. Alaska Business’ annual Top 49ers routinely showcases businesses for whom federal...more
8/7/2023
/ Alaska ,
Cybersecurity ,
Employment Contract ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Minimum Wage ,
Minority-Owned Businesses ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Race Discrimination ,
SBA ,
Small Business
In the past several months, various challenges have been made to federal programs and policies including tribal gaming support, the Small Business Administration (SBA) 8(a) program, the Minority Business Development Program...more
8/3/2023
/ 8(a) Program ,
Biden Administration ,
Executive Orders ,
Federal Contractors ,
Indian Gaming ,
Mentor-Protege Program ,
Minimum Wage ,
Minority-Owned Businesses ,
SBA ,
Small Business ,
Tribal Governments
On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more
8/2/2023
/ 8(a) Program ,
Bid Protests ,
Federal Contractors ,
Joint Venture ,
Mentor-Protege Program ,
New Regulations ,
New Rules ,
Procurement Guidelines ,
Regulatory Requirements ,
SBA ,
Small Business ,
Subcontractors ,
Subcontracts
On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more
7/28/2023
/ 8(a) Program ,
Business Development ,
Federal Contractors ,
Final Rules ,
HUBZone ,
Joint Venture ,
Mentor-Protege Program ,
SBA ,
SDVO ,
Set-Aside Contracts ,
Small Business ,
WOSB
On January 1, 2024 the Corporate Transparency Act (“CTA”) goes into effect. The CTA is broad and is intended to cover many businesses, including tribal businesses.
The CTA was enacted to prevent and combat money...more
On Thursday, July 20, 2023, the United States District Court for the Eastern District of Tennessee issued an order in Ultima Servs. Corp. v. U.S. Dept. of Agric., 2:20-CV-00041, finding that the rebuttable presumption (legal...more
7/25/2023
/ 8(a) Program ,
Equal Protection ,
Haaland v Brackeen ,
Indian Child Welfare Act of 1978 (ICWA) ,
Race Discrimination ,
Racial Bias ,
Rebuttable Presumptions ,
SBA ,
SCOTUS ,
Small Business ,
Tribal Corporations
On Wednesday, July 19, 2023, the Small Business Administration (“SBA”) published a final rule permanently adopting a 13.65 percent (13.65%) increase in the monetary-based size standards for SBA small business programs. The...more
The Department of Defense, General Services Administration, and NASA have issued a new interim rule, FAR 52.204–27, implementing Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117–328), the...more
7/12/2023
/ Compliance ,
Consolidated Appropriations Act (CAA) ,
Department of Defense (DOD) ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Information Technology ,
Interim Rule ,
Mobile Apps ,
Mobile Devices ,
NASA ,
New Regulations ,
TikTok
On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more
On May 23, 2023, the Court of Federal Claims (COFC) granted a preliminary injunction halting the award and performance of a contract awarded to Cloud Harbor Economics, LLC Cloud Harbor from the Department of Health and Human...more
6/23/2023
/ COFC ,
Contract Disputes ,
Department of Health and Human Services (HHS) ,
Failure to Comply ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Preliminary Injunctions ,
Registration Requirement ,
SAM ,
SBA ,
Solicitation
On January 25, 2021, President Biden issued Executive Order 14005 (the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers”), which modified the Buy American Act (BAA) to require the...more
On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more
Two important decisions, one by the United States Supreme Court and one by the General Counsel for the National Labor Relations Board (“NLRB”), were issued this week and may be of interest to government contractors and...more
6/9/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Medicaid ,
Medicare ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Reimbursements ,
SCOTUS ,
US ex rel Thomas Proctor v Safeway Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
In March of 2023, Christian Bruckner, Jeffrey Nuziard, and Matthew Piper filed a lawsuit in the U.S. District Court for the Northern District of Texas (Fort Worth Division), Jeffery Nuziard, et. al. v. Minority Business...more