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Estate Planning
Recent Developments in Estate Planning
This Client Alert discusses some important developments in estate planning that may necessitate changes in your documents.
Tax Planning
New Rules on Taxation of Deferred Compensation
The American Jobs Creation Act of 2004 enacted a new Internal Revenue Code Section (409A) that significantly changes the manner in which deferred compensation is taxed. The Client Alert discusses the changes made by Section 409A.
Government Contracting
SBA Proposes Overhaul To Small Business Contracting Program (February, 2010)
This past October, the Small Business Administration proposed potentially far reaching changes to its 8(a) small and disadvantaged contracting program. SBA has conducted hearings and solicited comments on the proposed new rules. It is not clear when SBA will issue the final revised rule. The significant changes focus on SBA's rules governing joint ventures, mentor-protégé relationships, and qualification requirements for 8(a) contractors. Generally, the changes are designed to protect the intended beneficiaries of the 8(a) program, particularly protégés under mentor-protégé relationships, from overreaching partners. The following is a brief summary of some of the proposed changes.
New Business Ethics Rules (February, 2008)
Effective December 24, 2007, contracting officers are now required to include FAR Clause 52.203-13, Contractor Code of Business Ethics and Conduct, in all solicitations if the value of the contact is expected to exceed $5,000,000 and the performance period is at least 120 days, except for some situations.
Update on Awarding of Task Orders and Enhancing Competition (September, 2008)
Effective September 17, 2008, the government enacted an interim rule which amends FAR 16.503, 16.504, and 16.505, the provisions in the acquisition regulations that deal with indefinite quantity contracts. These amendments are designed to implement the Fiscal Year 2008 National Defense Authorization Act, Section 843 "Enhanced Competition for Task and Delivery Order Contracts".
Update on FAR/SBA/HUBZone Issues (January, 2009)
New requirements mandate the disclosure of criminal and civil violations and/or significant over-payments as well as other matters.
Stimulus Bill Developments (April, 2009)
On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Tax Act of 2009 (also referred to as "the Stimulus Bill"). Although the Stimulus Bill has been widely reported as including approximately $787 Billion in government spending and tax cuts, the specific details regarding how the Stimulus Bill will actually be implemented have not been as widely reported.
FOIA Policies Update (July, 2009)
One of the first actions of the Obama administration was the issuance of the President's January 21, 2009 memorandum implementing policy changes concerning the Freedom of Information Act (FOIA). The President's FOIA memo called on federal agencies to apply a presumption of openness and disclosure in handling FOIA requests and to disclose information rapidly.
Set Aside Programs Update (September, 2009)
In two recent rulings, International Program Group, Inc., B-400278, (September 19, 2008), and Mission Critical Solutions, B-401057 (May 4, 2009), reconsideration denied ( July 6, 2009), the GAO effectively rejected the arguments advanced by the SBA that under SBA's regulations there is "parity" among the HUBZone, 8(a), and Small Disadvantaged Veteran Owned Small Business (SDVOSB) programs and that contacting officers are given substantial discretion to consider contracts for these programs without having to prioritize one program above another.
