In a Business Owners Agreement, Should All Owners Be Equal?
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
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?
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
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
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
SAM’s New Ownership Disclosure Requirements
The System for Award Management (“SAM”) administrator recently issued a new requirement for identification of your entity’s ownership in order to maintain an active registration in SAM. The notice, which was issued Nov. 1, informs small business owners of new ownership questions that are now required to be answered in order to keep their SAM registration active. The notice is included below: Effective November 1, 2014, a new Federal Acquisition Regulation (FAR) Subpart 4.18 – Commercial and Government Entity Code (CAGE) requires you to . . . Read More
Finally! Sole Source Authority for the WOSB Program
By Megan Connor On December 2, 2014, the House Armed Services Committee and Senate Armed Services Committee released the text of an agreement they have reached on the National Defense Authorization Act for FY 2015 (“NDAA”). Section 825 of the FY 2015 NDAA creates, for the first time, sole source authority for small business concerns owned and controlled by women. This legislation will bring parity to the WOSB Program which, until now, was the only small business procurement program without sole source authority. WOSBs will not see the impact immediately. . . . Read More
Court Ruling Confirms that SDVOSB Contractors Possess Procedural Due Process Rights Against Adverse Eligibility Determinations
The U.S. Department of Veteran Affair’s (“VA”) Center for Veterans Enterprise (“CVE”) has a tough and sometimes thankless job. Its role is to serve as a “gatekeeper” for VA contracting programs for service-disabled, veteran-owned small businesses (“SDVOSB”), so that purported SDVOSBs which are, in fact, no such thing or are otherwise ineligible, do not receive benefits under these programs. Even so, it is no secret that legitimate and eligible SDVOSBs have sometimes had unexpected and significant difficulties with CVE in . . . Read More
Court of Federal Claims Affirms Due Process Rights for Service-Disabled Veteran-Owned Small Businesses
By Brian Wilbourn The United States Court of Federal Claims recently issued an important decision affirming the due process rights of Service-Disabled, Veteran-Owned Small Businesses (“SDVOSBs”). The case, AmBuild Company, LLC v. United States (Fed. Cl., Oct. 2014), involved an SDVOSB that had been decertified without first giving the company notice and an opportunity to respond to the specific compliance issue on which the decertification was based. AmBuild Company, LLC (“AmBuild”) was the awardee under a SDVOSB set-aside solicitation issued . . . Read More
“What are my chances of winning this protest at GAO?” Assessing Odds at the Government Accountability Office
By Megan Connor Every week, clients call us with potential bid protests. Usually, they’ve received an unsuccessful offeror letter from the agency and they believe that the evaluation was flawed. After discussing the viable protest grounds, clients always ask, in one form or another, “What are our chances of winning at GAO ?” If “winning” means a GAO decision sustaining the protest—that is, a finding that the protest had merit—the answer is low, based on the GAO’s recent Annual Report. On . . . Read More