Changes to the Gig-Contractor Rule: Biden Administration Poised to Freeze New Rule From Taking Effect

The Department of Labor on January 7, 2021 posted a final rule regarding the classification of so-called “gig contractors.”  The final rule is set to take effect on March 8, 2021. A big question mark looms over whether this rule will actually take effect. The incoming Biden administration, as most incoming administrations have done, intends to freeze all pending regulations which have yet to take effect.

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This Just In! SBA Provides Updates on WOSB Certification Changes

Last May, we reported on proposed changes to the SBA’s Women Owned Small Business Program Certification Process. Now, the SBA’s website includes updated information about what those changes may mean for existing and new WOSBs.

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We Can Work It Out? Proposed Class Waiver of Nonmanufacturer Rule for Exercise Equipment

Following up on its proposed waiver of the nonmanufacturer rule for laptops in December (which we covered here), the SBA is now proposing waivers for exercise equipment, sophisticated walkie-talkies, and more.

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New Avenue for SBA Protests: Ostensible Subcontractor Status Protests

SBA has issued a final rule, effective December 30, that will now provide an avenue to protest situations where the prime contractor on a SDVOSB, HUBZone, or WOSB set-aside contract is subcontracting most or all of the work to a non-similarly situated—but still small business—concern.

It will also allow SBA to review eligibility for 8(a) Program contracts on this ground as well.

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SBA Proposes Changes to 8(a) Contract Procurement Process

Last week, SBA proposed big changes for some of its small business regulations, particularly those in the 8(a) Program. This blog post is Part 2 in our coverage of the proposed amendments (see Part 1 here) and will cover SBA’s potential changes to the procurement process for 8(a) contracts.

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Breaking News: SBA (Finally!) Proposes Regulation Extinguishing WOSB Self-Certification

In a move bringing to mind Etta James’ most popular refrain, SBA has proposed an amendment to its regulations which will require Woman-Owned Small Business program participants to be certified by the SBA or an SBA approved third-party certifier.

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SBA Proposes Rules For SDVOSB/VOSB CVE Protests & Appeals

The SBA has proposed rules to enable contractors to file protests with the SBA Office of Hearings and Appeals challenging the SDVOSB or VOSB status of a company included in the VA’s CVE VetBiz database.  The same set of proposed rules would allow a contractor to appeal to OHA if the VA denies the contractor’s application for inclusion in the CVE database, or cancels an existing verification.

The proposed rules, once finalized, will offer important new protections for SDVOSBs and VOSBs and are the first official step in implementing Congress’s mandate that the SBA and VA consolidate their SDVOSB eligibility requirements.

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