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-Protege 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
