Weekly Update for Government Contractors and Commercial Businesses – October 17, 2019
If you have questions concerning the content below, please visit this link . LITIGATION & DISPUTE RESOLUTION The Supreme Court Clarifies Vague Arbitration Clauses Affecting Class Disputes for Growing Businesses, October 10, 2019, Patrick Burns For most small to medium-sized businesses, the threat of a class action is not usually front-of-mind. However, as a business grows, the threat can increase depending on the number of employees and the nature of the work being performed. Class actions are commonly thought of as involving hundreds, if not . . . Read More
BLOG: Helping Government Contractors Prevent Unwarranted Tax Liabilities in Afghanistan
On September 20, 2019, the Department of Defense (“DoD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”), published a document proposing to amend the Federal Acquisition Regulation (“FAR”) to add two new clauses that notify contractors about the exemptions from liability for Afghanistan taxes, customs, duties, fees or similar charges. Comments for the proposed rule will continue to be accepted on or before November 19, 2019. Small and large government contractors performing in Afghanistan need to ensure . . . Read More
BLOG: A Thank You to the Small Business Administration: SBA Takes a Stand on OIG’s Approach to Suspension and Debarment
The ability to suspend and debar contractors is a tool the federal government can deploy when necessary to protect it from unscrupulous contractors. Critically, it is not intended to be used punitively. The reason for this is clear, especially when dealing with small businesses: if you debar or suspend a company without evidence that it is not a responsible contractor, you risk destroying part of the United States’ industrial base and numerous jobs that Americans rely on without good cause. Too often . . . Read More
Kathryn Hickey Guest Blogs “Simplifying the Complex World of Employee Incentive Plans” on Deltek’s Government Contracting Blog
“How do I keep my employees from leaving? Talent is so hard to find and retain!” These are comments we hear all the time from clients struggling to compete for talent in a pool that is growing ever more competitive. It can be overwhelming and confusing to consider the many options available—cash bonus plans, broad-based qualified plans, stock options, restricted stock, stock appreciation rights, phantom stock. Which is right for you and your company? Click on this link to register for . . . Read More
BLOG: Government Contractor Acquisitions and Clearances: Deal Structure Matters
Our Corporate and Government Contracts attorneys often counsel contractors interested in acquiring an entity with a clearance or assets used on a classified contract. The clearance is a consideration in the transaction that cannot be overlooked. Indeed, the clearance is often one of the seller’s most important “assets.” Buyers and sellers alike should be aware of the National Industrial Security Program Operating Manual (“NISPOM”) requirements. For instance, if the acquisition is a stock purchase and the buyer holds the acquired firm as . . . Read More
BLOG: SCOTUS Clarifies Vague Arbitration Clauses Affecting Class Disputes for Growing Businesses
For most small to medium-sized businesses, the threat of a class action is not usually front-of-mind. However, as a business grows, the threat can increase depending on the number of employees and the nature of the work being performed. Class actions are commonly thought of as involving hundreds, if not thousands, of individuals. However, courts routinely consider much smaller groups of employees, including groups of approximately 40 individuals to be sufficient to establish a class action. To reduce the risk . . . Read More
BLOG: Special Considerations When Forming a Medical Professional Services Company
While it is often thought that forming a business is a simple process accomplished by filing formation documents provided by a jurisdiction’s Secretary of State (or equivalent), actual compliance with a particular jurisdiction’s corporate and/or limited liability company law provisions requires further analysis. For many types of professional services businesses, most states require such professional services businesses to organize as professional corporations (“PCs”) or professional limited liability companies (“PLLCs”), which impose additional organizational requirements. Professional services businesses are often categorized . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – October 8, 2019
If you have questions concerning the content below, please visit this link . FALSE CLAIMS ACT / GOVERNMENT CONTRACTS LAW Buyer Beware: More Stringent Standards for Government Contractors Under the Buy American Act on the Horizon, October 4, 2019, Jackie Unger President Trump has made “buy American and hire American” a key goal for his administration. To that end, the President has signed three executive orders to impose stricter enforcement of the Buy American Act, the latest of which was issued on July 15, 2019. While this new Executive Order . . . Read More
BLOG: Buyer Beware: More Stringent Standards for Government Contractors under the Buy American Act on the Horizon
President Trump has made “buy American and hire American” a key goal for his administration. To that end, the President has signed three executive orders to impose stricter enforcement of the Buy American Act (BAA), the latest of which was issued on July 15, 2019. While this new Executive Order on Maximizing Use of American-Made Goods, Products, and Materials (the Executive Order) does not have any immediate effect on federal procurements, it proposes significant changes to the Buy American requirements, . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – October 2, 2019
If you have questions concerning the content below, please visit this link . CYBERSECURITY & DATA PRIVACY Start Preparing Now for DoD’s Upcoming Cybersecurity Maturity Model Certification (CMMC), September 27, 2019, Jon Williams and Emily Rouleau For a while now, we have been writing about the increasing impact of cybersecurity on the government contracting world, which, as Jon wrote, has become the “ fourth pillar ” of Department of Defense (DoD) acquisitions. The latest evidence of this was discussed by our colleague, Dave Shafer, in his recent blog discussing a . . . Read More