The Small-Business Guide to Government Contracts

How to Comply with the Key Rules and Regulations . . . and Avoid Terminated Agreements, Fines, or Worse

The Small-Business Guide to Government Contracts

Author: Steven J. Koprince
Pub Date: June 2012
Print Edition: $29.95
Print ISBN: 9780814431931
Page Count: 352
Format: Hardback
e-Book ISBN: 9780814431979

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Table of Contents

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

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