“What are my chances of winning this protest at GAO?” Assessing Odds at the Government Accountability Office
By Megan Connor Every week, clients call us with potential bid protests. Usually, they’ve received an unsuccessful offeror letter from the agency and they believe that the evaluation was flawed. After discussing the viable protest grounds, clients always ask, in one form or another, “What are our chances of winning at GAO ?” If “winning” means a GAO decision sustaining the protest—that is, a finding that the protest had merit—the answer is low, based on the GAO’s recent Annual Report. On . . . Read More
Don’t Slip Up: The “Boilerplate” Provisions of Your Contracts Deserve Equal Attention
Webster’s dictionary offers the following as an alternative definition of the term boilerplate: “tightly packed, icy snow.” No one would knowingly pay little heed to such a potentially treacherous condition, yet every day in contract negotiation parties devote the vast majority of their efforts to the business terms, while glossing over the “boilerplate” provisions. Oftentimes, the assumption is “if it ain’t broke, don’t fix it”—that is, those standard (read: boilerplate) terms you used in past contracts will work just as . . . Read More
OHA Sheds Some Light on What Constitutes a “Class” of Stock
In my recent article about the impact of separate stock classes on veteran-owned firms , I discussed how having more than one class of voting stock can complicate an ownership analysis under both the Department of Veterans Affairs ’ program for Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses and the U. S. Small Business Administration’s (“SBA”) program (the “SBA Program”) for Service-Disabled Veteran-Owned Small Business Concerns (“SDVO SBCs”). Citing an SDVO SBC status determination for illustration purposes, I explained how the analysis–which may appear straightforward and mechanical at first look–is not so cut and dry when the initial inquiry entails making a . . . Read More
Business Entity Alphabet Soup – GP, LP, JV, LLC, C, S, QSSS – What do they mean?
By Kimi Murakami As government contractors, the business universe is likely filled with familiar acronyms. However, one may not be as familiar with the meaning behind the alphabet letters that comprise the different business entities in the corporate world. Choosing the form of legal entity for your company was most likely a threshold issue for starting your business. By forming a company, you can shield yourself from liabilities that will arise by the business. Whether just starting out or if . . . Read More
What Every Business Owner Needs to Know About Implementing the New Tangible Property Regulations
By Eric Fletcher, Principal with Thompson Greenspon Over the last several years, the IRS has published a series of regulations and rulings that dramatically change how taxpayers must account for the costs of acquiring, repairing, improving and even disposing of tangible property. These new rules represent some of the most significant changes in tax law since the Tax Reform Act of 1986 and they must be adopted no later than the tax year beginning on or after January 1, 2014. . . . Read More
First Zombies, Now Ebola, then What? Preparing for Communicable Diseases in the Workplace
Oh the good ol’ days, when employees were awaiting a fictional zombie apocalypse and getting them to pay attention to prevention and preparedness was easy thanks to zombie animation from the Centers for Disease Control and Prevention (CDC). However, the coming of Ebola has eclipsed not only zombies but common cold and flu preparedness. It is only natural that Ebola seems much more menacing to us than the flu or other common illnesses, but for employers the threats and risks . . . Read More
Weather-Related Delays at Locations Other Than the Government Facility? No Excuse for A Late Proposal
As all federal contractors know, the FAR, as well as many other rules and regulations, put most of the risk on the contractor in so many ways. Common risks include cost overruns on FFP/LPTA procurements, risk of nonpayment for work requested by personnel other than the contracting officer, or timely delivery of a proposal. Now, the U.S. Court of Federal Claims has added another issue with which contractors should be concerned with: the weather. Global Military Marketing, Inc. (“Global”), a federal contractor located near Alabama . . . Read More
Building a Saleable Business & The Importance of a Strategic Plan
For a small business government contractor (“GC”), its small business size is arguably its greatest asset. In the context of building a saleable business, however, if the GC owner or owners fail to adopt and implement a strategic plan early on in the business life cycle, the GC’s small business size could end up operating more like a handicap. To put this into greater context, in the world of mergers and acquisitions, particularly lower middle market private company deals . . . Read More
Pam Mazza to Speak at NACA Conference
Pam Mazza will be speaking about mergers and acquisitions (“M&A”) at the Native American Contractors Association (“NACA”) Conference next month. M&As can be a tricky business, especially with the complex web of statutes and regulations under which government contractors must operate. Our three-hour seminar will focus on the following topics: The importance of due diligence Letters of intent – negotiating and creating a roadmap for the deal Structure of the deal – asset, stock or merger How regulations impact transaction . . . Read More
Celebrating Women’s Small Business Month
By Kristie Arslan, WIPP Executive Director Women now more than ever are turning to entrepreneurship to take charge of their own career trajectory. According to American Express OPEN’s 2014 State of Women-Owned Businesses Report , it is estimated that there are nearly 9.1 million women-owned businesses in the United States, generating over $1.4 trillion in revenues and employing nearly 7.9 million people. As we celebrate Women’s Small Business Month this October, it is important to highlight the progress women business owners have made but also shed . . . Read More