No Piggy-Backing Allowed: GAO Regulations Compel Offerors to File Their Own Protest Rather than Intervene
Last September, we wrote about the importance of an awardee intervening in a bid protest challenging the contract award before the U.S. Government Accountability Office (“GAO”). By intervening, the awardee protects its right to review documents related to the award decision in the agency report, respond to protest grounds and ensure its interests are represented. See Skipping Intervention in a GAO Bid Protest Can Be a “Pound Foolish” Exercise by Patrick Rothwell. But what about other disappointed offerors? Can they intervene in the protest filed by a fellow disappointed offeror if they also . . . Read More
PilieroMazza Legal Advisor – First Quarter 2016
In this Issue: Regulatory Issues for Acquisitions of Government Contracts by Non-U.S. Buyers Now Is the Time For Government Contracting Regulatory Compliance Reviews Supply Chain Cybersecurity Risk in Government Contracting DOL’s Changes to the Overtime Rules in 2016 Mean Employers Must Reevaluate Whether Employees are Entitled to Overtime
Negotiating the Provisions of Your Office Lease
One contract that virtually all businesses enter into is an office lease. But despite how common office leases are, the…One contract that virtually all businesses enter into is an office lease. But despite how common office leases are, the provisions in them can vary dramatically. Indeed, a prospective tenant and landlord each has a significant amount of room to negotiate the specific terms of their lease agreement. Business owners should be sure to fully negotiate this important contract, with a . . . Read More
Could Your Employees Be Eligible for FMLA Leave on Their First Day of Work? The Answer C
By Corey Argust It would be easy for employers to assume that they need not worry about an employee’s eligibility for Family and Medical Leave Act (“FMLA”) leave until at least one year has passed since the employee began working for the employer. This is because to be eligible for leave under the FMLA, an employee must have: 1) been employed “for at least 12 months by the employer with respect to whom leave is requested;” and 2) worked “for . . . Read More
Executive Orders and Labor Laws: New “Proposed” Guidance – Clarity or Concern?
Presented by: Nichole Atallah and Mark Burroughs, Partner with Dixon Hughes Goodman, LLP
How Long Is Your Non-Disclosure Agreement Enforceable? It Depends.
By Julia Di Vito Non-disclosure agreements (“NDA”), or confidentiality agreements, are useful in a variety of contexts, including between teaming partners, contractors and subcontractors, as well as employers and employees. No matter the context, the duration of an NDA is a crucial part of the agreement, yet often it is determined by a boilerplate provision that is not tailored to the circumstances of the agreement. If you take a look at your current NDAs, it is likely that they either . . . Read More
Drafting Valid Damages Provisions in Settlement Agreements
By Ambi Biggs The parties have finally settled their dispute and agreed-upon terms for a settlement. All that’s left to do is draft the settlement agreement. Often thought of as a formality that should take minimal effort and expense to prepare, the drafting of the settlement agreement can quickly turn into a “devil in the details” scenario. One or more of the parties to the settlement agreement will often want a provision that prevents the other party from disparaging it . . . Read More
Analysis of the Fair Pay and Safe Workplace Proposed Rule
The premise of the Executive Order is to improve contractor compliance with labor laws and to increase efficiency and cost savings in Federal contracting by requiring contractors to disclose violations of 14 labor laws and associated state laws in the three-year period prior to submitting a bid or proposal and to update these disclosures semi-annually in SAM. On May 28, 2015, the Defense Department, General Services Administration and National Aeronautics and Space Administration announced the Federal Acquisition Regulatory Council’s proposed . . . Read More
The Unappealable 8(a) Denial
It is widely known that the Small Business Administration (SBA) disagrees with how the agency’s own Office of Hearings and Appeals (OHA) has ruled in recent years with regard to appeals brought to OHA stemming from denials of 8(a) applications. SBA believes that OHA has placed the burden too heavily on the agency to show why someone is not disadvantaged instead of forcing the individual applying for 8(a) status to affirmatively show they were actually discriminated against or otherwise disadvantaged . . . Read More
8(a) Joint Venture Applications – Don’t Wait Until the Last Minute!
By Kelly DiGrado Interested in forming a joint venture to chase an 8(a) opportunity? Remember to give the SBA advanced notice of your intent, execute your joint venture agreement prior to proposal submission and prepare the necessary supporting documentation for your joint venture application well in advance of the anticipated contract award date. In order for a joint venture to be awarded an 8(a) contract, the joint venture agreement must be executed prior to proposal submission. Additionally, the joint venture . . . Read More