DEFENSE DEPARTMENT Performance-Based Payments and Progress Payments (DFARS Case 2017-D019) The Department of Defense (DOD) is withdrawing the proposed rule on performance-based payments and progress payments that it published on August 24, 2018. 83 Fed. Reg. 193, 50052 . Commercial Items Omnibus Clause for Acquisitions Using the Standard Procurement System The DOD issued a class deviation , which rescinds and supersedes Class Deviation 2013-00019. Effective immediately, when using the Standard Procurement System (SPS) to contract for commercial items, all DOD contracting activities may deviate from the requirements . . . Read More
The vast majority of states are at-will employment states, which means that an employer may terminate an employee for a good reason, a bad reason, or any reason at all, so long as the basis for termination does not violate a statute or public policy of the state. In Maryland, Virginia, the District of Columbia, and a number of other states, an employment relationship is strongly presumed to be at-will. Thus, even when the employee signed an employment contract, so . . . Read More
Lawsuits and existing labor disputes are obvious impediments to the sale of your business. But short of these red flags, any number of ill-advised practices may slow down or even stop an acquisition from proceeding. Do not enter into serious talks about the sale of your company without first identifying and correcting poor employment practices. Follow these tips to avoid future headaches. 1. Ensure Employees Are Properly Classified The Fair Labor Standards Act (“FLSA”) requires that non-exempt employees receive . . . Read More
After years of building, growing, and investing in your business, there comes a point at which you start to think about an exit strategy. Perhaps your exit will be transitioning the ownership of your business to a family member or selling the majority of your ownership interest to an investor and taking a back seat going forward, or maybe it’s selling the whole business enterprise. Regardless of the type of exit you contemplate, selling a business is not for the . . . Read More
Presented By Antonio Franco and Michelle Litteken. Click here to view the recorded session. The risk of an organizational conflict of interest (OCI) – either perceived or actual – strikes fear in the heart of many government contractors. An OCI may result in disqualification from a procurement, a bid protest overturning a contract award, or termination of a contract. However, in many cases, an OCI can be mitigated if a contractor proactively implements an OCI mitigation plan. The mitigation and avoidance measures . . . Read More
On September 7, 2018, the U.S. Department of Veterans Affairs’ (“VA”) issued proposed rule , RIN 2900-AQ20—VA Acquisition Regulation: Contracting by Negotiation; Service Contracting. PilieroMazza submitted comments to the proposed rule on November 6, 2018. Our firm represents small businesses operating across the government contracting spectrum, and many of these companies are service-disabled veteran-owned small businesses (“SDVOSBs”) verified to participate in VA’s “Veterans First Contracting Program.” In representing these firms and working with VA, we have received numerous comments from . . . Read More
At a certain point in a company’s life cycle, founders are likely to be faced with the financial pinch of requiring outside sources of funding to finance further growth and expansion of the business. Once bootstrapping ceases to be an option, there are two main avenues to pursue for growth capital: traditional bank debt or private equity investment. Both options present pros and cons, and they are not mutually exclusive. Ultimately, the route founders decide upon will depend on the . . . Read More
The risk of an organizational conflict of interest (“OCI”)—either perceived or actual—strikes fear in the heart of many a government contractor. An OCI may result in disqualification from a procurement, an adverse bid protest decision, or termination of a contract. Although that can be unnerving, in many cases, an OCI is mitigatable if the contractor implements measures to avoid, neutralize, or mitigate the conflict. At the same time, it is critical to implement a mitigation plan early on. For this . . . Read More
Special Corporate Issue You’ve Decided to Sell Your Business—How to Be Prepared to Execute the Deal Growing Pains: Growth Capital Sources and Considerations Seller Beware: 5 Tips to Keep Bad Employment Practices from Holding Up a Sale Not So Fast: Practical Considerations Before Novating Your GSA Schedule Contract
Presented By Nichole Atallah and Sarah Nash Click here to view the recorded session. While many are familiar with the standard salary or benefit negotiation, negotiations with a Union are governed by a completely different set of rules. The NLRA places a number of restrictions on what companies can and can’t discuss. Know your rights and know your limitations before staring across the table.
