The Small-Business Guide to Government Contracts: How to Comply with the Key Rules and Regulations...and Avoid Terminated Agreements, Fines, or Worse

How to Comply with the Key Rules and Regulations...and Avoid Terminated Agreements, Fines, or Worse
Erscheinungsjahr 2012
ISBN: 978-0-8144-3193-1
Verlag: McGraw-Hill Education

Buch, Englisch, 352 Seiten, Format (B × H): 62 mm x 93 mm, Gewicht: 2 g

Each year, the federal government awards billions of dollars in small-business contracts. It’s both the lifeblood of hundreds of thousands of companies and a quagmire of red tape. One misstep can result in hefty fines, cancelled contracts—even jail time. The Small-Business Guide to Government Contracts puts a wealth of specialized legal counsel at readers’ fingertips. It’s the one book that looks beyond winning a piece of the $500 billion pie and concentrates on the crucial but complex Federal Acquisition Regulation (FAR) and other rules required for keeping the contract alive and avoiding penalties. Clear answers to the most important compliance questions are inside, including: • Is a small business really small? • Who is eligible for the HUBZone, 8(a), SDVO or WOSB programs? • What salaries and benefits must be offered? • What ethical requirements must be followed? • When does affiliation become a liability? No one can afford to be lax with the rules or too harried to heed them. This book helps contractors meet their compliance obligations—and keep the pipeline flowing.

Autoren/Hrsg.

Koprince, Steven J.

Fachgebiete

• Wirtschaftswissenschaften Betriebswirtschaft Unternehmensorganisation, Corporate Responsibility Selbstständige & Freiberufler
• Wirtschaftswissenschaften Betriebswirtschaft Unternehmensorganisation, Corporate Responsibility Kleine und Mittlere Unternehmen

Inhaltsverzeichnis

CONTENTS Introduction 1 Chapter 1 Is Your Small Business Really Small? 8 NAICS Codes and Size Standards 9 When Is Small Business Size Status Determined? 10 Calculating Average Annual Receipts 14 Calculating Average Number of Employees 19 What about Affiliates? 22 The Primary Rules: Where to Find Them 22 Chapter 2 The Affiliation Problem 23 An Introduction to Affiliation 23 General Affiliation 29 From Affiliate to Former Affiliate 44 The Primary Rules: Where to Find Them 46 “General” Affiliation Risk Questionnaire 46 Chapter 3 Subcontractor or Ostensible Subcontractor? 50 What Is Ostensible Subcontractor Affiliation? 51 Risk Factors for Ostensible Subcontractor Affiliation 52 The Primary Rules: Where to Find Them 66 Ostensible Subcontractor Affiliation Risk Questionnaire 66 Chapter 4 The Wide World of Subcontracting 69 To Whom May I Subcontract? 69 How Much Work Can I Subcontract? 72 What Provisions Must Be Included in Subcontracts? 78 Disclosing Subcontracts to the Government 85 The Primary Rules: Where to Find Them 88 Compliance at a Glance: The Wide World of Subcontracting 88 Chapter 5 Uncle Sam, HR Director: Hiring Restrictions and Requirements 90 Hiring Restrictions 90 The Right of First Refusal 106 The Primary Rules: Where to Find Them 111 Compliance at a Glance: Hiring Restrictions and Requirements 111 Chapter 6 Nondiscrimination and Affirmative Action 114 Nondiscrimination 114 Affirmative Action 125 The Primary Rules: Where to Find Them 134 Compliance at a Glance: Nondiscrimination and Affirmative Action 135 Chapter 7 Uncle Sam, Union Boss: Employee Wages, Benefits, and Hours 137 Wages 138 Health and Welfare Benefits 144 Vacation and Holidays 147 Other Wage and Hour Requirements 152 The Mandatory Debarment Penalty 156 The Primary Rules: Where to Find Them 156 Compliance at a Glance: Wages, Benefits, and Hours 157 Chapter 8 Prohibited Activities, Ethical Violations, Conflicts of Interest, and Disclosure Rules 159 Prohibited Activities 160 Codes of Ethics 170 Organizational Conflicts of Interest 176 Disclosure Rules 180 The Primary Rules: Where to Find Them 183 Compliance at a Glance: Ethics, Conflicts, and Disclosures 184 Chapter 9 USA! USA! Domestic Preferences and Overseas Contracts 187 The Buy American Act 188 How Do I Complete My Buy American Act Certification? 189 Are My Products Manufactured in the United States? 190 How Do I Determine the Cost of Components? 191 What are Commercially Available Off-the-Shelf Items? 193 The Foreign Corrupt Practices Act 198 The Primary Rules: Where to Find Them 200 Compliance at a Glance: Domestic Preferences and Overseas Contracts 201 Chapter 10 Under the Hood: The Nuts and Bolts of a Government Contractor 203 Registration Numbers and Databases 204 Ownership Changes 207 Selling or Transferring a Government Contract 210 Name Changes 215 Accounting 216 Record Keeping 217 The Primary Rules: Where to Find Them 219 Compliance at a Glance: The Nuts and Bolts of a Government Contractor 219 Chapter 11 The 8(a) Business Development Program 221 The 8(a) Program Term 222 Initial 8(a) Program Eligibility 222 Maintaining 8(a) Eligibility 233 The 8(a) Mentor–Protégé Program 236 Joint Venturing on 8(a) Set-Aside Procurements 238 Subcontracting on 8(a) Procurements 241 The Primary Rules: Where to Find Them 242 Chapter 12 The Service-Disabled Veteran-Owned Small Business Programs 246 Verification as a SDVO Small Business 247 Eligibility for the SDVO Programs 250 Joint Venturing on SDVO Procurements 260 Subcontracting on SDVO Procurements 262 The Primary Rules: Where to Find Them 264 Compliance at a Glance: The Service-Disabled Veteran-Owned Small Business Programs 265 Chapter 13 The HUBZone Program 267 Certification as a HUBZone Small Business 268 Eligibility for the HUBZone Program 270 Maintaining HUBZone Eligibility 279 Subcontracting on HUBZone Procurements 283 Joint Venturing on HUBZone Procurements 286 The Primary Rules: Where to Find Them 287 Compliance at a Glance: The HUBZone Program 288 Chapter 14 The Women-Owned Small Business Program 291 Certification as a Women-Owned Small Business 292 Eligibility for the WOSB Program 296 Joint Venturing on WOSB Procurements 305 Subcontracting on WOSB Procurements 306 The Primary Rules: Where to Find Them 307 Compliance at a Glance: The Women-Owned Small Business Program 307 Chapter 15 Special Rules for Tribes, ANCs, and NHOs 310 Affiliation 311 The 8(a) Program 313 The HUBZone Program 320 Subcontracting 323 The Primary Rules: Where to Find Them 324 Compliance at a Glance: Special Rules for Tribes, ANCs, and NHOs 325 Notes 327 Index 331

Über Autor(innen)

STEVEN J. KOPRINCE is an attorney whose practice focuses on representing small businesses and government contractors.