Joint ventures and small business subcontracting are two issues near and dear to the hearts of many small business federal contractors. Well, the Federal Acquisition Regulation will soon be updated with respect to both of these topics. The new rules will align with SBA’s rules and remove any inconsistencies. Let’s dive in!
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Congress Changes the Rules on PPP Loan Forgiveness, but Questions Remain
Newly passed changes to the Paycheck Protection Program are designed to make it easier for small businesses to have their loans forgiven.
The Paycheck Protection Program has been around since the end of March and provides funds for small businesses to retain employees and keep operating during the global coronavirus pandemic. If used properly, the business should have all or a portion of the loan forgiven. The new law eases some of the restrictions on how that money can be spent.
Continue readingRequired Disclosures to the Government did not Waive Attorney Client Privilege, 4th Circuit Finds
Attorney-client privilege is a cornerstone of the American legal system. It protects conversations between an attorney and their client from disclosure during litigation. The goal of this protection is to allow an attorney to provide the best representation possible by protecting client communications from being later leveraged during litigation. Sometimes, however, invocation of attorney-client privilege protections can be complicated by required disclosures.
But federal contractors are required to notify the government about various circumstances that may impact their role as contractors. What if there is a conflict between mandatory government disclosures and attorney-client privilege? In a recent decision, the 4th Circuit Court of Appeals was asked to determine whether certain mandatory disclosures under the FAR waived attorney client privilege.
Continue readingThe FAR’s Nondisplacement of Qualified Workers Clause is Finally Getting the Boot
Federal agencies will be issuing a final rule that will remove the infamous nondisplacement of qualified workers clause from the FAR. The final rule goes into effect June 5, 2020. Let’s take a look.
CMMC Update: Details on Certification Infrastructure and COTS Products
The framework for the DOD’s Cybersecurity Maturity Model Certification (CMMC) process continues to move forward. Here’s an update on what’s currently happening with the CMMC that includes a few more details the DOD and the independent CMMC Accreditation Body have recently released about the nuts and bolts of the certification process.
Continue readingRegulatory Update: SBA Moves to Clean Up Small Disadvantaged Business Rules
Last month, the SBA moved to edit its regulations, taking a red pen to its current rules governing Small Disadvantaged Businesses (or SDBs), as described in the Federal Register.
This post will highlight what the new rule will mean for current SDBs—and how businesses can become eligible for SDB subcontractor status under the new rule. While the SDB program is still alive and kicking, the rules will be simplified to eliminate a lot of language that is simply no longer applicable.
Continue readingNewsflash: The Final Rule Implementing SBA Certification for WOSBs Is Here!
Update 5/14/2020: Since this post was originally published, SBA’s website has clarified when SBA Certification will be available and when Self-Certification will end. The post has been updated to reflect this information.
On Monday, the Small Business Administration will publish a Final Rule updating the certification methods for businesses applying for and participating in the Women-Owned Small Business program. The new Rule will also impose new thresholds for demonstrating economic disadvantage, impacting applicants not only for the WOSB program, but also the 8(a) Business Development program.
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