Comments Submitted in Response to RIN 2900-AQ20—VA Acquisition Regulation: Contracting by Negotiation; Service Contracting
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
Growing Pains: Growth Capital Sources and Considerations Part 1: Debt Financing
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
Three Indicators You Need an OCI Mitigation Plan
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
Legal Advisor Newsletter – Fourth Quarter 2018
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
Labor Law 101: Bargaining with Your Employees’ Labor Representative: The Dos and Don’ts of Union Negotiations
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.
Big Changes Are Coming for SBA’s HUBZone Program
For the first time in 20 years, SBA is proposing an extensive overhaul of its regulations for the HUBZone program. SBA recognizes the difficulty firms face getting into and staying in the HUBZone program, so they are revising the HUBZone rules to provide greater certainty to HUBZone applicants and participants. The proposed rule would reduce the regulatory burdens imposed on HUBZone small business concerns and on government agencies by eliminating ambiguities in the regulations and making it easier for HUBZone . . . Read More
Federal Circuit Confirms That VA Rule of Two Analysis Is Required for All Types of VA Procurements
Last year, I wrote about a decision of the U.S. Court of Federal Claims (“COFC”) in which it held that the U.S. Department of Veterans Affairs (“VA”) must perform a “Rule of Two” analysis to determine whether at least two veteran-owned small businesses (“VOSB”) are capable of performing the work at issue before procuring the work through a non-VOSB set-aside solicitation, including through the AbilityOne Program. That case, PDS Consultants, Inc. v. United States, was appealed by VA and the awardee of . . . Read More
The Climb to Enforce Your Teaming Agreement in Virginia Has Gotten Steeper
A few years ago, we wrote about the likely effect of a case commonly called “Cyberlock” on teaming agreement enforceability in Virginia. Cyberlock Consulting, Inc. v. Info. Experts, Inc., 939 F. Supp. 2d 572, 580 (E.D. Va. 2013), aff’d, 549 F. App’x 211 (4th Cir. 2014). While decided in the U.S. District Court for the Eastern District of Virginia, Cyberlock looked to Virginia state court precedent for its conclusions on the enforceability of the teaming agreement at issue. As we noted at the time, the Cyberlock court . . . Read More
Labor Law 101: SCA, DBA, and CBA’s – Where Labor Law and Government Contracting Collide
Presented By Nichole Atallah and Sarah Nash Click here to view the recorded session. What you don’t know, can really hurt you. From bidding to negotiations to price adjustments, understanding how labor laws influence government contracting can have huge implications for contractor business. Make sure you have the information you need before bidding on a contract with a unionized (or organizing) workforce.
What to Do When the Investigator Comes Knocking: Dealing with Subpoenas
Presented by Paul Mengel and Matt Feinberg Click here to view the recorded session. Given the country’s current social and political climate, there has been a significant public focus recently on, among other things, sexual harassment and sexual assault, public corruption, fraud against the Government, and the wage gap. Companies should therefore reasonably expect to become involved in some sort of investigation or private claim and, as a result, to receive a subpoena or other document request, whether from a state attorney . . . Read More