How Much U.S. Work Is Needed for the Small Business Set-Aside Rules To Apply?

Blog 02.10.15

By Kimi Murakami In a decision issued last year, the GAO denied the protest of Maersk Line, Limited, of Norfolk, Virginia (“Maersk”), a large business, which challenged the decision of the Department of the Navy, Military Sealift Command (“MSC”) to conduct the procurement for cargo transportation services in accordance with the small business set-aside requirements of the Federal Acquisition Regulation (“FAR”) Part 19. Maersk Line, Limited, B-410280 (December 1, 2014). Maersk argued that the agency erroneously applied the set-aside rules . . . Read More

Analysis of SBA’s Proposed Rule to Create a New Mentor-Protégé Program for All Small Businesses

Publications, Comments 02.06.15

On February 5, 2015, the U.S. Small Business Administration issued a proposed rule to amend its regulations to implement provisions of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013, 80 Fed. Reg. 6618 . Based on authorities provided in these two statutes, the proposed rule would establish a Government-wide mentor-protégé program for all small business concerns, amend current joint venture provisions and make additional changes to current size, 8(a) Office of Hearings and Appeals or . . . Read More

Analysis of SBA’s Proposed Rule to Create a New Mentor-Protege Program for All Small Businesses

Client Alerts, Publications 02.06.15

On February 5, 2015, the U.S. Small Business Administration (SBA) has issued a proposed rule to amend its regulations to implement provisions of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013, 80 Fed. Reg. 6618 .   Based on authorities provided in these two statutes, the proposed rule would establish a Government-wide mentor-protégé program for all small business concerns, amend current joint venture provisions and make additional changes to current size, 8(a) Office of Hearings . . . Read More

DOD Seeks to End the 25-Year “Pilot” Status of the DoD Mentor-Protégé Program

Blog 02.05.15

By Alex Levine The U.S. Department of Defense (“DoD”) recently announced its intent to request a 10-year extension of its mentor-protégé program. The move is a bid to add more permanence to a program, since its advent in 1991 has been labelled a pilot program that must be reauthorized in a National Defense Authorization Act every few years. The DoD hopes that the move will encourage participation amongst businesses, participation which the DoD asserts has been “chilled” due to the . . . Read More

Organizations Urge SBA to Expedite WOSB Sole Source

Blog 02.01.15

By Megan Connor As we explained in a previous blog post , Section 825 of the National Defense Authorization Act for FY 2015 creates sole source authority for participants in the Woman-Owned Small Business (“WOSB”) Program. Additionally, Section 825 seemingly eliminates WOSB self-certification. Because these are two major developments in the WOSB Program, it could take considerable time for the SBA to issue its proposed rulemaking. Therefore, 24 organizations are urging the SBA to move on the sole source authority quickly and then . . . Read More

A Win for Employers Enforcing Restrictive Covenants in Virginia

Blog 01.23.15

By Julia Di Vito The enforceability of a restrictive covenant in an employment agreement, including a non-competition, non-solicitation, or non-disclosure provision, depends greatly on the state in which the covenant is to be enforced. In Virginia, courts will not “blue pencil” or modify restrictive covenants, and thus if the restrictive covenant is unenforceable as written, then a court will not enforce it at all. Other states are more flexible and will enforce restrictive covenants to the extent they are reasonable. . . . Read More