Until It Happens To You: Preventing and Handling Sexual Harassment Claims
For the last several weeks, media outlets have reported on sexual harassment almost constantly. Indeed, the media makes it seem like sexual harassment claims are levied against a new public figure each day. To put this intense dialogue about sexual harassment and sexual assault in perspective, however, one must consider that the media generally only focuses on allegations levied against the most famous and powerful individuals: Hollywood moguls; movie stars; and politicians. But, in reality, the problem persists at every . . . Read More
Megan Connor participates in the House Small Business Committee Roundtable
The House Committee on Small Business held a bipartisan roundtable to hear from advanced small and mid-tier businesses and industry experts on the challenges to growth and success. The roundtable provided a forum for Members to learn about this middle market and the disparities from small to mid-tier business owners, academia, trade organizations, and subject-matter experts. PilieroMazza Partner Megan Connor was invited to attend and give her insight from working with small businesses who face these challenges. Ms. Connor stressed that . . . Read More
Can a Captive Insurance Company Help You Keep Your 8(a) Certification?
At the beginning of 2017, the Protecting Americans from Tax Hikes (“PATH”) Act went into effect. One of the changes implemented by the Act altered how small and medium-sized business owners can use captive insurance companies (“CIC”). A CIC is an insurance company that is owned by the business itself either solo or along with other businesses that have the same insurance needs, rather than owned by a third-party provider. The CIC is a favored device of small and medium-sized . . . Read More
GAO Sustain Rate Is Down from 2016, But Still Higher Than Some Recent Years
This week, the U.S. Government Accountability Office (“GAO”) published its annual report to Congress, detailing statistics on the bid protests filed during the 2017 fiscal year. The number of cases filed with GAO (including protests, supplemental protests, cost claims, and requests for reconsideration) was down 7% from fiscal year 2016. 22% of the cases filed were decided on the merits (meaning GAO issued a decision), and 99 protests were sustained, for a sustain rate of 17% of the cases decided on . . . Read More
Considerations When Bringing on a New Owner
This article originally appeared in our Fourth Quarter Legal Advisor Newsletter . The attorneys at PilieroMazza’s Colorado office frequently assists businesses in drafting, amending, and negotiating their operating agreements, bylaws, and shareholders’ agreements. When this exercise involves a government contractor, it is a good marriage of our government contracts and corporate practices because we can navigate the corporate governance issues with an eye toward applicable federal requirements. That is especially important when the company is bringing on a new owner, which affects the corporate structure . . . Read More
The Weekly Update November 14, 2017
GOVERNMENT CONTRACTS SBA Backlash to SBA Regulatory Research Contract Is Growing Critics are raising significant concerns about the award of a federal contract to study regulatory costs to two researchers whose previous work has been widely criticized. The Small Business Administration’s Office of Advocacy on September 21st awarded researchers W. Mark Crain and Nicole V. Crain a contract worth $136,250 to conduct a study on the disproportionate cost impact of regulations on small businesses, due in December 2018. “We . . . Read More
Contract Closeouts Delayed, Incurred Cost Audit Backlog to Blame
GUEST BLOG ARTICLE Published with permission from Aronson Fed Point Blog Written by: Thomas Marcinko Submitting incurred cost submissions and closing out flexibly priced contracts in a timely manner is important for contractors, especially for those who are owed money due to indirect rate overruns, lagging invoices, or fee retention. The Federal Acquisition Regulation (FAR) states that flexibly priced contracts should be closed out within 36 months of completion. Historically, this goal has rarely been met. The General Accountability Office (GAO), in a report . . . Read More
PilieroMazza Legal Advisor – Fourth Quarter 2017
Special Business and Corporate Issue In this Issue: Understanding the Impact of M&A on Pending Proposals Size Matters: Corporate Strategies for Maintaining Small Business Status Tax Ramifications upon Exiting Your LLC Considerations When Bringing on a New Owner
SBA Proposes Rules for OHA to Consider CVE Appeals and Protests
In late October 2017, the period to comment on SBA’s proposed rule to amend the SBA Office of Hearings and Appeals (“OHA”) rules of practice to implement provisions of the National Defense Authorization Act for Fiscal Year 2017 (“2017 NDAA”) closed. By way of background, the 2017 NDAA, which Congress passed on December 23, 2016, prohibits the VA from issuing rules related to the status of SDVOSB, requiring it to instead follow SBA regulations. The 2017 NDAA specifically granted OHA . . . Read More
Enhanced DoD Debriefing Requirements in the Senate Version of the FY 2018 NDAA May Reduce Bid Protests
On September 18, 2017, the Senate passed its version of the National Defense Authorization Act (“NDAA”) which authorizes nearly $700 billion in defense spending for Fiscal Year 2018 and contains significant procurement reform provisions. One of those reforms deals with new Department of Defense (“DoD”) debriefing requirements. Currently, unsuccessful offerors are entitled to little information under FAR part 15 procurements. Under FAR 15.506(d), a post-award debriefing must include, at a minimum: the agency’s evaluation of any significant weaknesses or deficiencies . . . Read More