The Firm Fixed Myth
In November of last year, I prepared a blog article about a specific clause that started appearing in firm-fixed-price contracts with various agencies which allowed them to reduce the price paid to the contractor based upon any absence, regardless of how short or the reason for the absence. Since that time, we have been assisting more and more clients in situations where the government is demanding discounts or refunds on firm-fixed-price contracts. Given this fact I believe it would be . . . Read More
GAO Finds NIH Failed to Refer SDVOSB Offeror’s Capability to SBA
In a recently published GAO decision , GAO sustained a SDVOSB’s protest of its exclusion from the competitive range by NIH under the CIO-SP3 SB GWAC procurement. The CIO-SP3 SB RFP required an evaluation of proposals in two phases. NIH evaluated offerors in Phase 1 under four “Go/No-Go” requirements, including factor 2, management approach, subfactor 1, domain-specific capability in a health-related mission. NIH found the protester’s proposal unacceptable under this factor/subfactor because the protester’s proposal was “not sufficient to demonstrate inherent capabilities . . . Read More
Managing the Competing Obligations of the FMLA and ADA
An employee asks for over 12 weeks of leave for an illness under the Family and Medical Leave Act (FMLA)—does this also constitute a request for accommodation under the Americans with Disabilities Act (ADA)? The interplay between the ADA and the FMLA presents significant challenges for employers as the company grows. Employers with more than 15 employees must comply with the ADA, while employers with more than 50 employees must comply with both the ADA and the FMLA. Both require . . . Read More
The Weekly Update May 5, 2017
LABOR & EMPLOYMENT Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness Under the Congressional Review Act, Congress has passed, and the President has signed, Public Law 115-21, a resolution of disapproval of OSHA’s final rule titled, “Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of each Recordable Injury and Illness.” OSHA published the rule, which contained various amendments to OSHA’s recordkeeping regulations, on December 19, 2016. . . . Read More
Checklists for Small Business Corporate Housekeeping
By Kimi Murakami It’s spring and it seems like a good time to make sure your corporate records, documents, and information are in order. We’ve had several blog posts recently about getting ready to sell your company. One of the key pieces in an acquisition transaction is the scrutiny of the target company’s records and documents. The following checklists will help you clean up the records and documents of your small business. Entity Formation Basics Your corporate record book or . . . Read More
Evolution of 8(a) Program and What Lies Ahead
Presented by Pam Mazza and John Shoraka
Contractor Execs Not Subject to Individual Whistleblower FCA Claims, Says Federal Judge
In a recent Memorandum Opinion, T.S. Ellis, III, U. S. District Judge for the Eastern District of Virginia, has ruled that the retaliation provision of the False Claims Act (“FCA”) does not permit a whistleblower plaintiff to sue individual employees of a corporate employer. In Irving v. PAE Government Services, Inc., et al., No. 1:16cv1617 (E.D. Va. Apr. 11, 2017), plaintiff was a former Deputy Program Manager and Chief of Security for defendant PAE Government Services, Inc. (“PAE”) in Kabul, Afghanistan. . . . Read More
PilieroMazza Legal Advisor – Second Quarter 2017
Special Labor and Employment Issue In this Issue: What to Expect When You Are Expecting a Price Adjustment: The ABCs and CBAs of Increased Labor Rates Managing the Competing Obligations of the FMLA and ADA A $100 Mistake Can Become a $100,000 Judgment: Where Employers Go Wrong Under the Fair Labor Standards Act Six Steps Away from a Best Practices Employment Screening Program
Plan Your Success – the LOI
By Dana Livne During our April 26, 2017 webinar, we discussed Letters of Intent (LOI) and the important role they can play in transactions. The LOI often serves as a roadmap or initial term sheet between a buyer and seller. The LOI is generally “non-binding”, meaning that the parties may deviate from its terms. The purchase price, due diligence process milestones, and financing terms are examples of non-binding provisions that may be subject to negotiation as the deal progresses. . . . Read More
The Weekly Update April 28, 2017
SMALL BUSINESS ADMINISTRATION Small Business Size Standards; Adoption of 2017 North American Industry Classification System for Size Standards The U.S. Small Business Administration (“SBA”) has issued a proposed rule to amend its small business size regulations to incorporate the U.S. Office of Management and Budget’s North American Industry Classification System (“NAICS”) revision for 2017, identified as NAICS 2017, into its table of small business size standards. NAICS 2017 created 21 new industries by reclassifying, combining, or splitting 29 existing industries . . . Read More