Analysis of SBA’s Proposed Rule Regarding Limitations on Subcontracting

Publications, Client Alerts 01.07.15

On December 29, 2014, the Small Business Administration (SBA) published its proposed rule to implement provisions of the National Defense Authorization Act of 2013 (NDAA) that change the way firms calculate compliance with the limitation on subcontracting rule on small business set-asides. SBA’s proposed rule also proposes changes dealing with the nonmanufacturing rule, including affiliation and joint ventures, among other topics. This memorandum provides our analysis of the new rules.

In a Business Owners Agreement, Should All Owners Be Equal?

Blog, Business & Transactions 12.29.14

Good business planning involves owners of the company developing and entering into a shareholders agreement, operating agreement or partnership agreement (owners agreement). A good owners agreement will allow the owners to plan and prepare upfront for disruptive events in the company’s business life cycle, whether good or bad. And, as part of putting together an owners’ agreement, one of the fundamental questions owners need to resolve is whether all owners should have equal rights. The answer is it depends—in some . . . Read More

GAO and COFC Task Order Jurisdiction – To Count or Not To Count Option Periods

Blog 12.22.14

By: Isaias “Cy” Alba, IV

Jurisdiction of the GAO and the Court of Federal Claims to hear task order protests is limited to protest of awards over $10 million. How one defines whether a task order is over or under the $10 million threshold is subject to interpretation. The latest question presented in a GAO protest was a solicitation requirement to evaluate a priced based on “all options,” including the 6-month option to extend services under FAR 52.217-8. There are a number of cases stating . . . Read More

Cybersecurity Monday: Who Is Shopping for Your Data?

Blog, Business & Transactions 12.16.14

At this time of year, everyone is shopping for a good bargain. And with “Cyber Monday,” the internet has become the place to go for the best deals. The shift to online and cloud-based information systems and data storage has also opened up a new market for online shopping, trafficked by hackers and other cyber criminals who want to take or corrupt your company’s personal, proprietary, and other sensitive information.   Many small businesses believe that they are not likely . . . Read More

Holiday Office Party Etiquette: Don’t Dance on the Table

Blog, Labor & Employment 12.15.14

By: Nichole D. Atallah

Everyone loves a good holiday party. It is a time to unwind with co-workers and show appreciation for another year of hard work. But if you are the boss, you may have heard about or been a part of a holiday party gone awry and are terrified of the possible legal ramifications. The first issue that usually comes to mind is alcohol and driving. And while you should be concerned about whether your state has a “social host” law that . . . Read More

DOT’s New DBE Utilization Rules

Blog 12.12.14

The Department of Transportation’s (“DOT”) new Disadvantaged Business Enterprise (“DBE”) regulations went into effect on November 3. These new rules will have a significant impact on the highway construction industry, according to the Associated General Contractors of America. Because so many small disadvantaged businesses also participate in the DBE program, it is important that they stay abreast of these new regulations. The DOT considered the revisions to be a minor adjustment to the old rules, but they actually have a . . . Read More