How Long Is Your Non-Disclosure Agreement Enforceable? It Depends.
By Julia Di Vito Non-disclosure agreements (“NDA”), or confidentiality agreements, are useful in a variety of contexts, including between teaming partners, contractors and subcontractors, as well as employers and employees. No matter the context, the duration of an NDA is a crucial part of the agreement, yet often it is determined by a boilerplate provision that is not tailored to the circumstances of the agreement. If you take a look at your current NDAs, it is likely that they either . . . Read More
Drafting Valid Damages Provisions in Settlement Agreements
By Ambi Biggs The parties have finally settled their dispute and agreed-upon terms for a settlement. All that’s left to do is draft the settlement agreement. Often thought of as a formality that should take minimal effort and expense to prepare, the drafting of the settlement agreement can quickly turn into a “devil in the details” scenario. One or more of the parties to the settlement agreement will often want a provision that prevents the other party from disparaging it . . . Read More
Analysis of the Fair Pay and Safe Workplace Proposed Rule
The premise of the Executive Order is to improve contractor compliance with labor laws and to increase efficiency and cost savings in Federal contracting by requiring contractors to disclose violations of 14 labor laws and associated state laws in the three-year period prior to submitting a bid or proposal and to update these disclosures semi-annually in SAM. On May 28, 2015, the Defense Department, General Services Administration and National Aeronautics and Space Administration announced the Federal Acquisition Regulatory Council’s proposed . . . Read More
The Unappealable 8(a) Denial
It is widely known that the Small Business Administration (SBA) disagrees with how the agency’s own Office of Hearings and Appeals (OHA) has ruled in recent years with regard to appeals brought to OHA stemming from denials of 8(a) applications. SBA believes that OHA has placed the burden too heavily on the agency to show why someone is not disadvantaged instead of forcing the individual applying for 8(a) status to affirmatively show they were actually discriminated against or otherwise disadvantaged . . . Read More
8(a) Joint Venture Applications – Don’t Wait Until the Last Minute!
By Kelly DiGrado Interested in forming a joint venture to chase an 8(a) opportunity? Remember to give the SBA advanced notice of your intent, execute your joint venture agreement prior to proposal submission and prepare the necessary supporting documentation for your joint venture application well in advance of the anticipated contract award date. In order for a joint venture to be awarded an 8(a) contract, the joint venture agreement must be executed prior to proposal submission. Additionally, the joint venture . . . Read More
Analysis of the Fair Pay and Safe Workplaces Proposed Rule
On May 28, 2015, the Defense Department, General Services Administration and National Aeronautics and Space Administration announced the Federal Acquisition Regulatory Council’s proposed rule to implement Executive Order 13673 “Fair Pay and Safe Workplaces” (EO), dated July 31, 2014. Together with the proposed Federal Acquisition Regulation (FAR), the Department of Labor (DOL) published proposed guidance (collectively, “Proposed Rules”), defining many terms set forth in the EO and beginning to establish a framework of expectations. PilieroMazza addressed the requirements of the . . . Read More
Data Rights for Government Contractors
Presented by: Cy Alba and Kimi Murakami
Top Five HR Headlines You Don’t Want to Miss!
If you have been paying attention to the headlines, you might have noticed that a lot has been happening in the labor and employment world recently. Here are our top 5: The Supreme Court Saves the Affordable Care Act … Again: On June 25, 2015, the Supreme Court held that the Affordable Care Act (‘ACA”) may provide nationwide tax subsidies for qualifying individuals to purchase health insurance. In King v. Burwell was a challenge to a fundamental component of the . . . Read More
The Unappealable 8(a) Denial – Cy Alba, Set-Aside Alert
Comments on Proposed Rule Regarding the Women-Owned Small Business Federal Contract Program, RIN: 3245-AG72
We are writing to submit comments on the U.S. Small Business Administration’s (“SBA”) above-referenced proposed rule, issued May 1, 2015, 80 Fed. Reg. 24,846. Our firm represents small businesses, including women-owned and economically-disadvantaged women-owned small businesses (“WOSBs/EDWOSBs”), operating across the government contracting spectrum. Many of the WOSBs/EDWOSBs we represent and have talked to have been eagerly anticipating this rulemaking. The proposed rule places the SBA’s WOSB Program on equal footing with other SBA government contracting programs in providing for award . . . Read More