Small Business

Are you a Native-Hawaiian Owned (“NHO”) business interested in applying for the Small Business Administration (“SBA”) 8(a) Development Program (“8(a) Program”)? Ward and Berry provides this brief informative guide as to the legal framework and regulations for becoming an NHO (as defined by the SBA) and applying for the 8(a) Program.   Under 13...

The SBA recently released a proposed rule that would bring significant changes to small business size and small business socioeconomic program (Woman-Owned Small Business Program, Veteran-Owned Small Business Program, etc.) recertifications. Such recertifications are especially important in the context of indefinite delivery/indefinite quantity (IDIQ) contracts, which contemplate the award of future task orders to...

On January 10, 2024, the U.S. Department of Labor (“DOL”) issued a final rule on worker classification under the Fair Labor Standards Act (“FLSA”). Under the final rule, the DOL is modifying their Wage and Hour Division regulations to reflect its latest analysis/guidance for determining whether a worker should be classified as an employee...

Applications for the Small Business Administration (“SBA”)’s 8(a) program are currently on hold as the SBA develops its response to a decision from the U.S. District Court for the Eastern District of Tennessee (the “district court”) finding one element of the program unconstitutional.  The district court’s decision is somewhat old news, at least in...

ZF Automotive US, Inc. v. Luxshare, LTD. The United States Code authorizes a federal district court to compel individuals and companies within its jurisdiction to provide discovery to proceedings pending in “foreign and international tribunals.” 28 U.S.C. § 1782 (a).  But does that apply to private commercial arbitration and bilateral investment treaty arbitrations?  On...

With inflation surging to the highest level in over 40 years, there is heightened focus on how to equitably balance risk between the government and the contractor.  This is particularly a concern when it comes to fixed-price contracts, where contractors generally bear the risk of cost increases, including inflation. Unless the contract states otherwise,...