Category Archives: Business 101

End of Layering in the PPI??? New Rule for Small Business Owners.

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Organics Admin

COO at Aladay LLC
Organic Farmer, Property Preservation Specialist and Custom Glass & Wood Worker. Blogger extraordinaire...
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I love when a new rule gets put in play that validates something you say.

Contact us today to inquire about radio advertising for your company
Contact us today to inquire about radio advertising for your company

Today when some legal information came across my desk, well I have to admit made me smile.  So this Edition if Business 101 is directed to all the Emp.actors if the PPI.

New Rule Finalizes Small-Business Subcontracting Changes

Regulatory amendments related to small-business subcontracting will take effect on November 1, 2016.

On July 14, the Federal Acquisition Regulatory Council issued a final rule in the Federal Register to implement regulatory changes that the Small Business Administration (SBA) made. The final rule makes many important changes to the Federal Acquisition Regulation (FAR) Part 19 and FAR clause 52.219-9 to implement the statutory requirements of Sections 1321 and 1322 of the Small Business Jobs Act of 2010 (Pub. L. 111-240). These changes, which take effect on November 1, are summarized below.

Use of Small-Business Subcontractors During Contract Performance

The new rule amends FAR clause 52.219-9, Small Business Subcontracting Plan, to require prime contractors to make good-faith efforts to utilize their proposed small-business subcontractors during a contract’s performance to the same degree that such small

The SBA has been assisting small business since 1953
The SBA has been assisting small business since 1953

businesses were relied on in preparing or submitting the contract bid or proposal. If the prime contractor is unable to make this effort, it must explain in writing to the contracting officer, within 30 days of contract completion, the reasons why it is unable to do so.

Calculation of Subcontracting Goals

Under amended FAR subpart 19.704(a)(2), contracting officers will have discretionary authority to require a contractor to establish subcontracting goals both in terms of total subcontract dollars and in terms of total contract dollars. The Federal Acquisition Regulatory Council clarified that use of total contract dollars is in no way an attempt to influence a contractor’s make or buy decision and clarified that a contracting officer will make such decisions on a case-by-case basis. In addition, under the amended FAR subpart 19.705-1, the contracting officer may establish small-business subcontracting goals at the order level for indefinite-delivery, indefinite-quantity contracts.

You can read the law and review by Steven J Pearlman and John P Berry here

In another matter I have been saying is not valid in the PPI is the “Non-Compete” clauses that are now illegal in some places, making them virtually unenforceable in others…

Effective January 1, 2017, the Illinois Freedom to Work Act (the “Act”) will prohibit private sector employers from entering into non-competition agreements with employees earning a “low wage.”  The Act defines low-wage employees as those who earn the greater of: (a) the federal ($7.25 per hour), state ($8.25 per hour), or local (currently, $10.50 per hour under the Chicago Minimum Wage Ordinance) minimum wage; or (b) $13.00 per hour.  The Act defines prohibited restrictions on competition as those that limit a low-wage employee from: (a) working for another employer for a specified period of time; (b) working in a specified geographical area; or (c) engaging in similar work for another employer.  Under the Act, these restrictions will be deemed “illegal and void.”  Notably, the Act does not affect an employer’s right to protect confidential information and trade secrets through confidentiality agreements with any worker, including low-wage employees

For the complete article go here.

Perhaps now many of the Emplactor will understand why I scream you have to pay yourself.  If you do not, you have absolutely no idea of how much it truly costs to operate your business.

For many years now I have stated that you can not ask someone to help you fulfill your contractual obligations if I’m  not included in the negotiation process. Now it appears that with this new rule the Small Business Administration and the Federal Acquisition Regulatory Council also agree.

Now lets see how long before Offender Members of the National AssociationOf Management For Stealing take to add these new rule of law to the ccurrent laundry list of crimes and employment laws they participate in on a daily basis.

Especially in Illinois where the state’s Attorney General has already perused RICO Violations against Safeguard Properties.

Until Next Time

Happy Gardening

Need Promotional Assistance???? We Can Help

Organics Admin
Follow Me!!

Organics Admin

COO at Aladay LLC
Organic Farmer, Property Preservation Specialist and Custom Glass & Wood Worker. Blogger extraordinaire...
Organics Admin
Follow Me!!

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