Negotiating the Renewal Option of Your Office Lease
In negotiating an office lease, business owners should be sure to negotiate a potentially-valuable, tenant-friendly option that landlords often grant: one or more renewal options of the lease. Under a renewal option of a lease, a tenant has the option to renew the lease for a new term, immediately subsequent to the end of the existing term. And having this option can result in a potentially-significant dividend for the business, particularly if there is a ceiling on the potential rent . . . Read More
Proposed Changes to Federal Rules of Civil Procedure for ESI
By Ambi Biggs With the widespread use of electronic communication methods, discovery is often the most onerous, time-consuming and costly aspects of litigation. Case law has established that a party has a duty to preserve information when litigation is reasonably anticipated, so litigants’ discovery duties begin before the complaint has even been filed in court. Failure to preserve information, including electronically stored information (“ESI”), can lead to sanctions ranging from instructing a jury that it may draw an adverse inference . . . Read More
Making the Most of Your Minority-Owned Business Status
Congratulations! You’re already successfully operating your business as a small disadvantaged business in accordance with the Small Business Administration’s (SBA) regulations, perhaps as a part of SBA’s 8(a) Business Development Program, enabling you to compete for certain federal contracting opportunities. But are you taking advantage of all the opportunities available to you Many state and local agencies, as well as a multitude of private companies, also have goals or requirements to set-aside contracts for businesses that are owned and controlled . . . Read More
Keep Your Confidential Information Confidential
By Julia Di Vito Most government contractors, or any company with confidential information or trade secrets, have confidentiality or non-disclosure agreements with their employees, subcontractors, or other entities they do business with. While these agreements are crucial to keeping your confidential information out of the public eye, simply having an agreement in place is not sufficient to keep this information confidential. Failure to take other precautions may result in an inability to enforce a confidentiality or non-disclosure agreement. To help . . . Read More
NLRB Ruling Expands Contractors’ Liability for the Actions of Subcontractors
By Corey Argust In an August 27, 2015 split decision, the National Labor Relations Board (“NLRB”) announced a new standard for determining when businesses will be considered to be “joint employers,” significantly expanding the scope of joint employer liability. Under this dramatic shift away from 30 years of NLRB precedent, prime contractors will be more readily held liable for their subcontractors’ labor law violations and they may be obligated to bargain with unions seeking to represent subcontractors’ employees. The NLRB’s . . . Read More
The Shutdown Top 10: Things You Should Know About Employment Law Before You Send Employees Home
With a possible federal government shutdown looming, many contractors will face difficult employment decisions. If your company could be facing theses decisions, keep in mind the following labor and employment issues that could expose your company to liability: Don’t risk exemptions under the Fair Labor Standards Act (FLSA). Employers should exercise caution so as not to risk losing an employee’s exempt status that may trigger liability for overtime hours the employee worked prospectively and retrospectively. An exempt, salaried employee is . . . Read More
HUBZone Redesignations Looming on October 1
The next batch of redesignated HUBZone areas is set to lose HUBZone status as of October 1. HUBZone-certified firms located in an expiring HUBZone will be decertified from the HUBZone program unless they have moved their principal office to an eligible HUBZone by October 1. HUBZone boundaries are fluid, with changes driven by census data and other statistics that are regularly updated. When new information causes a HUBZone location to lose HUBZone status, that area will no longer qualify for . . . Read More
Inside the Mind of a Size Protest Lawyer
It is the end of the federal government’s fiscal year and ‘tis the season for protests. Protest lawyers are sharpening their keyboards. And some unfortunate small businesses are about to lose a hard-won contract due to a successful size protest. But the story for your business does not have to end with a lost contract and wasted proposal effort. Many size protest grounds can be adequately defended with a little advance planning, if you know what to look for. Having . . . Read More
While Government Spending is Down, Bid Protests are Up
In a recently released report, the U.S. Government Accountability Office (GAO) provided a revealing look at significant shifts in bid protest trends that have taken place over the last six years. These trends show that even as the rate of government spending has decreased significantly during this time, the number of GAO protests have substantially increased. Specifically, in the last six years, the number of bid protests at the GAO has risen 45 percent even as overall government spending has . . . Read More
SBA Issues Final Rule on WOSB/EDWOSB Sole Source Authority
The SBA published the final rule to establish the procedures whereby Federal agencies may award sole source contracts to WOSBs and EDWOSBs. Under the rule, a contracting officer may award a sole source contract to a WOSB or EDWOSB where (1) the firm is a responsible contractor and the contracting officer does not have a reasonable expectation that 2 or more EDWOSBs or WOSBs (as the case may be) will submit offers; (2) the anticipated award price of the contract . . . Read More