Tips on Avoiding the Unsettling Results of a Poorly-Drafted Settlement Agreement
Well done! Through your reasoned approach and powers of persuasion, you have managed to resolve the pending contract dispute on your own, and thus have avoided that costly telephone call to the litigator in your attorneys’ office and the uncertainty that comes with putting your dispute before a judge or arbitrator for resolution. As you reflect on the expense that your efforts have saved the company and contemplate a possible second career as a diplomat, a draft settlement agreement arrives . . . Read More
Control and Responsibility in SDVO SBC Joint Ventures: More than a Title
Most Service-Disabled Veteran-Owned (“SDVO”) Small Business Concerns (“SDVO SBCs”) are likely familiar with the Small Business Administration’s (“SBA”) requirements for an SDVO SBC to submit an offer for an SDVO contract as a joint venture (“JV”). One requirement in particular, i.e., that the parties’ joint venture agreement (“JVA”) contains a provision designating the SDVO SBC as “managing venturer” and an employee of the SDVO SBC as “project manager”, has been heard time and time again by the many SDVO SBCs . . . Read More
Corporate Housekeeping Tips: Keeping Your Website in Tip Top Shape
By Kimi Murakami Among the other areas of your business that you need to keep in order, don’t forget your website. Your website is the company’s digital storefront to the public. Protecting it is paramount to protecting your brand. Below is a checklist of issues to keep in mind in order to more fully-protect valuable company assets. Have you trademarked your business name and logo? If not, are you using the ™ (trademark) symbol after the mark? Your company’s name, . . . Read More
Current Trends and Issues in GovCon M&A for 2015
As we are rapidly reaching the middle of 2015, why not pause for a moment and identify some current trends and recurring themes and issues that are found in mergers and acquisitions (“M&A”) within the government contracting industry. With this goal in mind, here is a ‘top six’ list to review and digest: Has GovCon M&A Reached a “New Normal”? Think about 2006-2007 as being a peak in terms of deal volume and valuations and the first half of 2013-2014 . . . Read More
Cancelled Solicitation: What Can A Government Contractor Do?
By Alex Levine Proposal preparation can be a difficult and expensive process. On top of the normal challenges of spending thousands of dollars preparing what a contractor hopes is a successful proposal, they also face the risk of an agency cancelling the solicitation and procuring the work some other way. These cancellations routinely occur for any of a wide number of reasons, including the agency’s changed needs, a corrective action taken in response to a bid protest, or the identification . . . Read More
SBA’s Proposed Rule Provides Guidelines on the Common Administrative Services Exception to Affiliation for All Tribal Entities
By Megan Connor The SBA’s February 2015 proposed rule concerning the expanded mentor-protégé program received much attention and analysis, much (deservedly) focused on the new program. However, one aspect of the proposed rule could, if made final, provide important guidelines for business concerns owned and controlled by Indian Tribes, Alaska Native Corporations (“ANCs”), Native Hawaiian Organizations (“NHOs”), and Community Development Corporations (“CDCs”). Under the current SBA regulations, business concerns owned and controlled by Indian Tribes, ANCs, NHOs, CDCs, or wholly-owned . . . Read More
Change of Plans: New Proposal Would Alter FAR Subcontracting Plan Requirements
The FAR requires most large business contractors to have a plan approved by the government to subcontract a certain amount of their work to the various types of small business contractors (i.e., SDB, WOSB, SDVOSB, etc.). In the last few years, we have seen a noticeable increase in activity related to these subcontracting plans. SBA changed its subcontracting rules in July 2013 and since then has stepped up its audits to determine how well contractors are complying with their subcontracting . . . Read More
Subcontracting Plans: How Implementing Best Practices Now Can Save You Headaches Down the Road
By Katie Flood As a federal contractor, there are already many areas where you must track your compliance with the rules and regulations carefully. One area increasingly receiving greater scrutiny from the government is prime contractors’ compliance with their small business subcontracting plan obligations. Under the Small Business Act as amended in 1978, prime contractors must provide small businesses subcontracting opportunities for all contracts in excess of $150,000. And, for large businesses, formal subcontracting plans are required elements for most . . . Read More
Trademarks, Copyrights and Registered Marks: Corporate Website Housekeeping
By Kimi Murakami Among all of the other areas of your business that you need to keep in order, don’t forget your website. Your website is the company’s digital store front to all of your customers and the public. Protecting it is paramount to protecting your brand. Below is a checklist of issues to keep in mind in order to more fully protect valuable company assets. Have you trademarked your business name and logo? If not, are you using the . . . Read More
The New Way We Work: Protecting Against the Legal Risks of Telecommuting
It is more likely than not that you have allowed one or more of your employees to work from home, either on a sporadic or regular basis. If not, you may face the challenge soon. The advent of the internet, cloud computing, environmental and community impact incentives, economic efficiency and the realities of our daily lives have made telecommuting extremely commonplace and attractive to many businesses. However, even as telecommuting becomes a widely-accepted method of completing work, many employers have . . . Read More