Today’s federal contracting marketplace is extremely competitive. Nowhere is the competition stronger than in the VOSB/SDVOSB arena, where many solicitations ultimately involve bid, size or status/eligibility protests. Understanding these protests and the related procedures can make the difference between getting the contract, or getting left out of the race altogether. In this session, we will cover all aspects of the protest process. Was a contract improperly awarded to someone else? Want to know if there is any way to fight the agency’s decision and get the award after all? Sign up for this session and learn how to use protests as an affirmative tool to get the contract you want. We will also discuss strategies on how to defend against such a protest. Both bid and size and status/eligibility protests will be covered.

Get your Free Contractor’s Equipment Insurance Quote, just by clicking on our start quote link. Your specific premium cost will vary the below is only sample estimates to use as a reference.

Take a minute to think about all the money you’ve spent on tools and equipment, if you add up your investments in contractor equipment, it could easily come to five figures. To cover this equipment, many handymen sign up for a Contractor’s Equipment Insurance policy (i.e. Commercial Property Insurance), which reimburses their business for property lost or damaged due to fire, theft, vandalism, and certain weather events.

Contractor’s Equipment Insurance typically costs $404 to $1,200 for handypersons.

Supplemental Dental Insurance

Supplemental dental insurance is an individual or family insurance policy purchased to cover a portion of the dental costs generally up and above or beyond the primary dental plan. Supplemental dental insurance will normally not cover the entire dental care procedure. But instead is synchronized or works hand-in-hand with your basic dental policy.

If you have a primary dental insurance plan that you purchased or your employer provided, the supplemental dental policy typically covers the remaining dental bill.

For example, if the dental plan policy covers half of the dental cost, the secondary or supplement dental insurance plan should cover the remaining balance of your dental procedure subject to any co-payments or deductibles already included in the policy.

A supplement dental insurance plan may also be purchased to cover the dental charges when there are annual dental benefit plan limits or exclusions. Say your primary policy has an annual maximum benefit of $1000 you may be able to purchase a supplemental dental plan to extend this benefit.

Most importantly you need to check with your dental office to see if they will coordinate the dental coverage since the dentist is the one most likely to bill the insurance company and ask you to pay any difference or the co-pay. Thus, a supplemental policy can come in handy.

Apply for your free Workers Comp Insurance quote, just by clicking on our start quote link. Your specific premium cost will vary the below is only sample estimates to use as a reference.

As an employer, a handyman may be legally required to carry Workers’ Compensation Insurance for their employees (check your state Workers’ Comp laws). Given the demanding, physical nature of repairs, maintenance, and other handyman work, Workman’s Comp offers you important protection for accidents and injuries. If an employee gets hurt on the job, this policy can pay for their medical costs and lost wages and protect you from the cost of a lawsuit.

The typical Workers’ Comp coverage costs $500.00 to $5,200.00 for handymen.

Apply for your free Umbrella Insurance quote, just by clicking on our start quote link. Your specific premium cost will vary the below is only sample estimates to use as a reference.

Excess Liability Insurance, more commonly known as Umbrella Insurance, boosts your coverage for three common handyman liability insurance policies: General Liability, Employer’s Liability (a part of Workers’ Compensation), and Hired and Non-Owned Auto Insurance. If you use up the limits of these policies, Umbrella Insurance can pay for up to $1,000,000 in additional legal costs.

Handymen can boost their liability insurance by purchasing Umbrella Insurance for about $1,000.00 to $2,700.00

Your specific premium cost will vary, you will need to apply for a free commercial auto quote.  Get your free quote just by clicking on our start quote link

If a handyman gets into an auto accident while driving to or from a job, Commercial Auto Insurance can cover their lawsuit expenses and repair costs. Work driving usually is not covered by personal insurance policies, so make sure you have adequate Commercial Auto Insurance.

The typical Commercial Auto Insurance costs a handyman $1,300 to $2,300 in annual premiums.

Since your specific premium cost will vary, you will need to apply for a free quote.  Get your free quote just by clicking on our start quote link

Handymen and repairmen can purchase an Inland Marine Insurance policy, which covers their tools and equipment while they transport it. If your tools were stolen from your truck or damaged, this policy could reimburse your losses.

A handyman’s Inland Marine coverage typically costs $591 to $1,305.

Benefits of Dental Insurance 

Dental insurance benefits vary depending on the type of dental insurance plan.  When reviewing the benefits of dental insurance especially when selecting a dental insurance plan, keep in mind there are various policy coverage options, dental plan deductibles, co-payments, limitations, restrictions and exclusions.

It is extremely important that you read the list of benefits provided by the dental insurance provider and be sure you are getting a dental insurance plan if that is what you wanted to purchase.

A reminder discount dental plans are not dental insurance plans. A discount plan partners with specific dentists to provide customers with a savings on visits to the dentist office much the same as dental insurance. The downside to discount dental plans is that they are not regulated and you have limited recourse if you experience dental problems.

For your specific rate costs, you will need to apply for a free quote.  Get your free quote just by clicking on our start quote link

When a handyman applies for a contractor’s license, electrician’s license, or building permit, they’ll usually need a License or Permit Bond. Local or state governments can require these bonds any time you need a license or permit.

A handyman’s License or Permit Bond typically costs $100 to $185.

For your specific business’s insurance costs, you will need to apply for a free quote.  Get your free quote just by clicking on our start quote link

A Business Owner’s Policy packages General Liability with Property Insurance. By combining these two policies, you can save on your handyman insurance premiums. General Liability Insurance covers common handyman lawsuits, while Property Insurance reimburses your losses when equipment, tools, and supplies are lost, stolen, or damaged.

Business Owner’s Policy Insurance starts at around $500.00 for handyman professionals.

First it is important that you know that these are just sample rate estimates to use as a reference. For your specific business’s insurance costs, you will need to apply for a free quote.  Get your free quote just by clicking on our start quote link

General Liability Insurance protects handymen from lawsuits over…

* Damage to customer homes, appliances, or other property.
* Disputes over problems with your finished work (i.e., Completed Products Coverage).
* Customer injuries caused by your work.

With all the work you may do at customer homes, general liability insurance offers you vital coverage for property damage, injury, and other lawsuits. If a customer falls down due to a faulty staircase repair, Handyman Liability Insurance can pay the business’s legal costs, including settlements and damages.

General Liability Insurance typically costs are round $361 to $792 for handymen.

The issuance and implications of Executive Order 13673, known as the “Fair Play and Safe Workplaces” order. In short, the order requires federal contractors to:

• Report labor law “violations” of itself or any of its subcontractors (where the estimated value of the subcontract exceeds $500,000) under various federal employment and labor laws;
• Restrict the use of binding, pre-dispute arbitration provisions in non-collectively bargained employment contracts; and
• Establish “paycheck transparency” through the issuance of wage statements to all individuals performing work under a covered contract.

As many commenters – including us – have pointed out, the order and its accompanying revisions to the FAR place a new, heavy compliance burden on contractors in the form of tracking labor law proceedings, enhanced vetting of potential subcontractors, and generating new documentation to meet the paycheck transparency mandates. The disclosures and certifications made by contractors pursuant to the order would be used by the government in determining whether a contractor was responsible within the meaning of FAR Part 9.1, and therefore qualified to receive awards.

On October 24, 2016 a federal judge in Texas, the Hon. Marcia A. Crone of the U.S. District Court for the Eastern District of Texas, added her voice to the chorus of those concerned by the order’s apparent overreach; Judge Crone issued an injunction halting, nationwide, the implementation of most of the provisions of the Order.

The injunction was issued following a lawsuit filed by the Associated Builders and Contractors of Southeast Texas, which challenged the legality of the Order and asked the Court to prevent the government from implementing its provisions.

The injunction prevents the government from enforcing two of the three new requirements: the reporting requirement for labor violations, and the restriction on the use of arbitration provisions. The Court declined to enjoin the implementation of the paycheck transparency regulations, which are still scheduled to go into effect on January 1, 2017.

The Court spent the bulk of its opinion analyzing the labor violation reporting requirements, finding that portion of the order to be legally deficient in four distinct ways:

• The Court determined that the reporting requirements probably exceed the authority of the FAR Council and Department of Labor – the two entities charged with turning the order into a regulatory requirement binding on contractors. In particular, the court found that the new reporting requirements imposed a punishment on contractors for violating federal labor laws that went beyond what Congress identified as the intended enforcement mechanism in the laws themselves.
• The Court also found that the reporting requirements likely violate the First Amendment insofar as they force contractors to disclose information, in the form of allegations of labor law infractions, “regardless of whether such alleged violations occurred while performing government contracts, and without regard to whether such violations have been finally adjudicated after a hearing or settled without a hearing, or even occurred at all.” Such “compelled speech” as it is called when the government directs an individual or corporate entity to disclose information, is only permissible where it is “narrowly tailored to achieve any compelling government interest,” and the Court was unable to find a government interest compelling enough to justify the reporting requirement.

• Additionally, the Court held that the reporting requirements run afoul of government contractor’s due process rights. The plaintiff argued, and the Court agreed, that a government contractor who reports a violation may suffer an immediate injury to its business or reputation – an injury that “cannot be undone.” The reporting regulations require contractors to report even non-final and pending labor infractions, opening the door to a situation where a contractor’s reputation is irrevocably harmed before it has a chance to adequately contest an alleged labor law violation.

• Finally, the Court objected to the reporting requirements on the grounds that the regulatory implementation of these requirements constitute arbitrary and capricious agency action, in violation of the Administrative Procedure Act. In so holding, the Court determined that “the complex, cumbersome, and costly requirements of the Executive Order and Rule” would “hamper efficiency without quantifiable benefits.”

In addition to enjoining the implementation of the reporting requirements, the Court also ruled that the provisions of the Order restricting a government contractor’s ability to commit its employees to arbitration were contrary to the Federal Arbitration Act (“FAA”), a law which generally requires courts to enforce arbitration agreements as written. Because the FAA is law, and has been since 1925, the Court found that executive action alone cannot override Congress’ clear intent that arbitration clauses are presumed valid.

It is important to note that this a fluid situation – the preliminary injunction is in place only until the court is able to reach a decision on the merits, so the status quo could change at any moment. In addition, the government has not said whether or not it will seek to appeal the ruling, although internal government acquisition guidance published after the decision indicates that the government is planning to comply with the injunction as litigation continues.

An owner-builder is a person who owns the property and acts as their own general contractor, and either does the work themselves, or hires licensed subcontractors on the project. An owner-builder is either building or improving his or her residential structure on the property for his or her own occupancy and does not intend to sell or lease the residence within one (1) year. An owner of property who requests an exemption pursuant to NRS 624.031(4) must apply to the Nevada State Contractors Board for an exemption. Should I Hire A Consultant To Oversee The Job  Consultants who contract to direct a project and supervise workers must have a state contractor’s license. Consultants do not take over the legal responsibility for the job. The homeowner still has all responsibility.

The NSCB urges you to only hire licensed contractors to perform work on your property. How Do I Know If My Contractor Is Licensed For The Project  By law, anyone who contracts for or bids on a construction project valued at $500 or more (total labor and materials) must be licensed by the NSCB.  Ask to see the contractor’s pocket license ID card.  Click Here to Verify the license number, or call the Board offices for information.  Owner-Builder Affidavit Of Exemption If you are seeking an exemption from licensure pursuant to NRS 624.031(4), you must complete an Owner-Builder Affidavit of Exemption form, which is also available by calling the Board’s offices at: (702) 486-1100 in Southern Nevada, or (775) 688-1141 in Northern Nevada to request that the affidavit be mailed to you. An owner-builder must also obtain the required signatures and submit the original to the building department with their application for a building permit.  As an owner-builder, you must acknowledge the following obligations and duties:  I may not sell or lease this property. If I sell or lease, or offer to sell or lease the newly built structure within one (1) year after completion, it may be presumed that I have violated the provisions of the exemption and Chapter 624 of NRS.  I may not hire an unlicensed person to act as my contractor, agent or construction manager.

I must directly supervise the construction.  Any subcontractor(s) working on this project must be properly licensed by the Nevada State Contractors Board.   Any person working on my project who is not a licensed contractor must work under my direct supervision and must be employed by me. I must comply with all state and federal laws as an employer in the State of Nevada, including payroll deductions (FICA and Income Tax withholding), provide industrial insurance coverage and pay required unemployment compensation for that employee.  If my project requires the repair, restoration, improvement or construction of a pool or spa, I acknowledge my obligation and duty to comply with the provisions of NRS 624.900 – NRS 624.930 (Inclusive).  I acknowledge that I have received copies of NRS 624.900 – NRS 624.930 (Inclusive) and NRS 278.573  For More Information: Nevada Department of Business and Industry Nevada Division of Industrial Relations     (775) 684-7260   Internal Revenue Service   www.irs.gov   Local Offices:   Southern Nevada: (702) 868-5005 Northern Nevada: (775) 824-2218

SBA’s May 31, 2016 final rule made some major changes to a number of regulations dealing with small business procurement. Some of those changes relate to the SBA HUBZone contracting program.

Specifically, finding that the current regulations set forth at 13 C.F.R.  126.200(b)(6) and (d) were duplicative, the SBA proposed to revise the regulation by deleting 13 C.F.R. 126.200 (d) in its entirety, and revising 13 C.F.R. 126.200(b)(6) to state that a small business concern must, in its HUBZone application, represent that it will comply with the applicable limitations on subcontracting with respect to any procurement that it receives as a qualified HUBZone small business concern. These subcontracting limitations are provided in 13 CFR 125.6(c) and 13 CFR 126.700 (and, as we blogged about earlier this month, are also changing effective June 30).

Because of the other changes dealing with the limitations on subcontracting, and “similarly situated entities” one commenter asked the SBA to clarify whether a HUBZone “similarly situated entity” subcontractor must meet the 35% residency requirement for

HUBZone program participation. In its final rule, the SBA clarified that a HUBZone similarly situated entity subcontractor must be able to qualify for the prime HUBZone procurement in order to be considered a similarly situated entity. However — consistent with the decision to define “similarly situated entities” in accordance with the NAICS code assigned to the subcontract at issue, not the prime contract (see our previous blog for further explanation of that distinction) — the SBA explained that this means the subcontractor must also be HUBZone certified and be considered small for the NAICS code assigned to its subcontract.

Finally, the rule revises 13 CFR 126.700 in its entirety, to make it consistent with the changes made to 13 CFR 125.6.

The Nevada State Contractors Board (NSCB) is an agency that licenses and regulates contractors throughout the State of Nevada.

The Nevada State Contractors Board is committed to promote the integrity and professionalism of the contracting industry in Nevada. It has the responsibility to promote quality construction by Nevada licensed contractors through a regulatory licensing system designed to protect the health, welfare and safety of the public.

The Board consists of seven members appointed by the governor. Six members are licensed contractors, and one non-contractor is the public representative on the Board.

The NSCB’s staff includes a licensing department that processes and maintains contractors license information and an investigative department that investigates complaints.

Contact the NSCB
As a consumer, you may contact the Nevada State Contractors Board to:

•Check and see if the contractor you are considering is licensed and in good standing in the proper classification and within the monetary limit for which you want to hire
•Check for disciplinary actions
•Get tips on making sure your rights are protected before you enter into a contract
•File a complaint against a licensed contractor
•File a complaint against an unlicensed contractor
•Report unlicensed contracting activity
To check a contractor’s license: Southern Nevada (702) 486-1100
Northern Nevada (775) 688-1141

A contractor is a person who undertakes or offers to construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building or other structure. This includes a subcontractor or specialty contractor but not a material supplier. A contractor also includes a construction manager who performs management and counseling services on a construction project for a professional fee.

As a homeowner, you may need a contractor to do some of the following:
(This is not a complete list)

•  Carpentry
•  Fencing
•  Landscaping
•  Refrigeration
•  Carpet
•  Flooring
•  Masonry
•  Roofing
•  Concrete
•  Gas Piping
•  Millwork
•  Swimming Pool or Spa
•  Drywall
•  Heating & Air Conditioning
•  Painting
•  Tile
•  Electrical
•  Insulation
•  Plumbing
•  Water Heater

The Registrar of Contractors (ROC) annually receives between 11,000 and 13,000 complaints against licensed contractors, approximately 7,000 complaints against people engaged in unlawful contracting practices which includes unlicensed contracting and more than 700 claims filed with the ROC Residential Contractors’ Recovery Fund. Most of these complaints are favorably resolved by our office with little or no cost to either party; however, a percentage of these complaints must be resolved formally by an administrative hearing. The administrative hearing process can be lengthy, expensive and emotionally challenging for everyone involved.

Many of the cases resolved through an administrative hearing could have been resolved more quickly if the customer or the contractor had maintained proper construction documents. Customers should expect and require that standard business practices be followed when having any construction work performed. Making a construction contract, keeping receipts, lien releases and other documents will, many times, avoid the need for an administrative hearing. Reputable contractors expect that these documents will be used. Customers should contact the ROC if the contractor is unable or unwilling to correct any construction problem or to comply with the terms of the construction documents.

One primary purpose of a contract and the associated contract documents is to avoid confusion. Contracts that are clearly understood by all parties have a higher probability for avoiding an administrative hearing and, if an administrative hearing is required, the hearing process is more easily resolved.  The following items, while not all-inclusive, are very common requirements in the construction industry and should be used as a guide when planning a construction project. The following items will greatly assist you in resolving any construction dispute that may occur.

NAC 624.693 Informational form regarding mechanics’ and material-men’s liens. (NRS 624.100, 624.600) The informational form that a general building contractor is required to provide regarding mechanics’ and material-men’s liens pursuant to paragraph (b) of subsection 3 of NRS 624.600 to the owner of a singlefamily residence with whom he has contracted must be as follows:

‘NOTICE TO OWNER’

Pursuant to NRS 108.221 to 108.246, inclusive, a contractor, subcontractor, laborer, supplier of materials or other person or entity who:

1.Performs work or furnishes materials of the value of $500.00 or more to improve the value of your property; and
2.Is not paid for the work or materials has a right to place a lien on your property on which the work was performed and to sue you in court to obtain payment.
This means that after a court hearing, your property could be sold by an officer of the court, and the proceeds of the sale would be used to satisfy the amount you owe. If you did not ask for and receive releases of liens from the contractors’ subcontractors, laborers or suppliers of materials, a lien may be placed on your property, or you may be sued even if you have paid your contractor in full.

To preserve their right to file a claim or lien against your property, certain claimants, such as subcontractors, laborers and suppliers of materials, are each required to provide you with a document called a “preliminary or pre-lien notice.” A preliminary or pre-lien notice is not a lien against your property. Its purpose is to notify you regarding persons or entities who may have a right to file a lien or claim against your property, if they are not paid. To perfect their lien rights, contractors, subcontractors, laborers and suppliers of materials must file mechanics’ liens with the county recorder, which then become recorded liens against your property. Generally, the maximum time allowed for filing a mechanics’ lien against your property is 90 days, after substantial completion of your project.

NRS 624.600 Required disclosures by general building contractor. A general building contractor shall provide in writing to the owner of a single-family residence with whom he has contracted:

1.The name, license number, business address and telephone number of:
(a) All subcontractors with whom he has contracted on the project; and
(b) All persons who furnish materials of the value of $500 or more to be used in the project.

2.A notice that a person described in subsection 1 may record a notice of lien upon the residence of the owner and any building, structure and improvement thereon pursuant to the provisions of NRS 108.226.

3.An informational form, whose contents must be prescribed by the Board,
regarding:
(a) Contractors pursuant to chapter 624 of NRS; and
(b) Mechanics’ and material-men’s liens pursuant to chapter 108 of NRS.

When you enter into a contract, there are certain disclosures that your contractor must provide to you in writing. Disclosures must be provided by

•General contractors
•Residential contractors and
•Swimming Pool and Spa contractors

For residential projects, your contractor may need to provide General Contractor and Residential Recovery Fund disclosures. The disclosures
are required by law to inform you of your rights as a homeowner.

The Nevada State Contractors Board reminds you to exercise your rights and responsibilities when making home improvements. As a Nevada homeowner, you have the following rights when working with contractors:

Hiring a Contractor:  You have the right to hire only licensed contractors and to check the license through the Nevada State Contractors Board at www.nscb.state.nv.us .You have the right to examine a contractor’s past work and to check references .You have the right to get at least three bids from licensed contractors before hiring a contractor Project Payments .You have the right to make payments as work is completed .

You have the right not to pay cash for home improvement projects .You have the right to withhold a final payment until the work agreed upon in the contract is completed Project Paperwork .You have the right to require that the contract include one project price, which includes all labor and materials .You have the right to negotiate a clear contract that includes a written payment schedule and completion date .You have the right to review the contract and only sign it when you understand the terms .You have the right to require your contractor to obtain a building permit for your project Consumer Responsibilities As a consumer, you have these rights, but you also have the responsibility to properly plan and manage your project and insist on your rights Homeowner’s Rights Checklist Know Your Rights and Responsibilities .Read the Home Improvement Bill of Rights Hiring .Hire only licensed contractors .Ask to see the contractor’s official NSCB pocket card .Get at least three written bids from licensed contractors .

Verify that all bids are for the same scope of work .Check contractor’s status with the Nevada State Contractors Board at ww.nscb.state.nv.us .Ask for references and follow up by inspecting the contractor’s completed work The Contract .Negotiate a clear and complete written contract .Insist on specific written descriptions .Look for: (not all of these items are required)  One price for the work to be done Contractor’s license number and monetary limit Specific descriptions of work to be done and materials to be used Start and completion dates An agreement that the contractor will obtain building permits A payment schedule including the down payment amount A “Notices to Owner” regarding lien laws and the Residential Recovery Fund A notice that the contractor carries commercial general liability insurance and the carrier. .Insist that all changes, additions and deletions to the contract are in writing .Create a job management file and keep the written contract, change orders, payment records and all other documents in it Payments .Pay as work is completed according to the contract schedule .Don’t let payments get ahead of the work .Avoid cash payments Subcontractors and Liens .Make a list of all subcontractors and check their licenses with the NCSB .Get lien releases signed by all subcontractors & material suppliers .Keep a record of all material deliveries, dates & progress of work Nevada State Contractors Board Locations  Southern Nevada: Address: 2310 Corporate Circle, Ste 200 Henderson, NV 89074  Phone: (702) 486-1100  Fax: (702) 486-1190  Northern Nevada: Address: 9670 Gateway Drive, Ste 100 Reno, NV 89521  Phone: (775) 688-1141  Fax: (775) 688-1271  Hours of Operation Monday – Friday 8:00am – 5:00pm

Homeowners have little recourse against an unlicensed operator if something goes wrong with a project. That is especially true if you give them a big down payment and they never show up to start the job.  CSLB offers a variety of free services, including mediation and arbitration, for consumers who have a problem with their licensed contractor.

Homeowners need to make sure the contractor they hire is properly licensed and insured.  It only takes a minute to check information on the CSLB website at www.cslb.ca.gov or www.CheckTheLicenseFirst.com,” said CSLB Registrar Steve Sands.  “If someone working on your property is injured and is not covered by workers’ compensation insurance, they could turn around and sue you for their medical bills.”

Homeowners seldom realize the risks of hiring illegal operators. Phony contractors rarely have a contractor license bond or workers’ compensation insurance. A worker who is hurt on the job could seek medical reimbursement or other damages from the homeowner. Homeowners also have little recourse for poor workmanship, incomplete work or other financial damage when they use a person that does not have a license bond, which is a standard requirement for CSLB-licensed contractors.

“Some unlicensed operators deliberately target trusting and vulnerable people,” said CSLB Registrar Steve Sands. “They might take your money and be gone without completing the work before you realize what’s happened, which may force you to pay twice just to get the job completed.”

B&P Code also prohibits soliciting a down payment greater than $1,000 or 10 percent of the contract price, whichever is less. There is an exception to the down payment law for about two dozen contractors who purchase special bonds for consumer protection which are noted on the CSLB website. California Labor Code requires contractors to carry workers’ compensation insurance for all of their employees. The Kern County DA has a special grant to target workers’ comp violators and often partners with CSLB investigators as unlicensed contractors do not carry this insurance.