SBA Affiliation Rules – SBA Issues Important New Small Business Guidance

By virtue of congressional mandates, and under the National Defense Authorization Act (NDAA), the Small Business Administration regulations (SBA) has made recent changes to various rules that regulate small business contracts including those set aside for designated SBA programs and the limitation on subcontracting. The highlights include mention of similarly… Read more »

SEC Penalizes Company For Foreign Corrupt Practices Act Violations

Companies that engage with government contracts overseas should be well aware of the harsh penalties associated with the Foreign Corrupt Practices Act violations (FCPA).  Getting your internal staffed trained and executives aware of the steep fines and disruption of the business reputation can save you from unnecessary litigation, civil and criminal… Read more »

SBA HUBZone Requirements & Qualifications 13 CFR 126

HUBZone Definition The HUBZone Program (Historically Underutilized Business Zone) is a United States Small Business Administration (SBA) program that provides some level of government contracting preferences for small company owners that operate their principle place of business in a designated consensus track and also provide jobs to employees who live in… Read more »

Nuances of North American Fair Trade Agreement (NAFTA Act)

What Was the Primary Purposed of  NAFA North American Free Trade Agreement? The North American Free Trade Agreement (NAFTA Act) is a very comprehensive trade agreement that sets the rules for trade practices and investments between the United States, Canada, and Mexico. The agreement was executed in 1994. The NAFTA… Read more »

Federal Service Contract Act SCA Fringe Benefits & SCA Wage Determination

The McNamara–O’Hara Federal Service Contract Act SCA fringe benefits provisions are included in federal government contracts or the District of Columbia contract. Each prime and subcontractor performing federal contracts have to comply with the minimum wage and safety and health standards and must maintain certain records unless a specific exemption applies…. Read more »

Contractor Letter of Intent to Hire – Bait and Switch Protests

Federal contractors are being caught with submitting bids with  contractor letter of intent to hire that have no substance. Getting the proper guidance on this issue can make the difference between getting the contract or somehow getting to the point where there is a false representation. The latter can be… Read more »

Federal Anti-KickBack Statute Liability

Under the Federal Anti-Kickback Act, criminal action can occur if there is a specific intent to induce referrals or orders for services. In government contracting and other federal activities, Anti-KickBack Statute Liability can be up to five years in prison, with the potential for additional criminal fines up to $25,000,… Read more »

US Import and Export Compliance Laws and Importance of Conduct

The Government is strict on its oversight of the Arms Export Controls Act of 1976 and US compliance laws. Although ITAR laws have sweeping results and liability for individuals and companies, the central issue for litigation is actual conduct. When corporate executives face criminal liability for violation of export compliance laws, the defense… Read more »