A Win for Employers Enforcing Restrictive Covenants in Virginia
By Julia Di Vito The enforceability of a restrictive covenant in an employment agreement, including a non-competition, non-solicitation, or non-disclosure provision, depends greatly on the state in which the covenant is to be enforced. In Virginia, courts will not “blue pencil” or modify restrictive covenants, and thus if the restrictive covenant is unenforceable as written, then a court will not enforce it at all. Other states are more flexible and will enforce restrictive covenants to the extent they are reasonable. . . . Read More
Yet Another Recertification Rule
On December 29, 2014, the Small Business Administration (“SBA”) issued a proposed rule to implement the subcontracting limitation requirements mandated by the National Defense Authorization Act of 2013. Buried therein was a new proposed regulation with regard to recertification of size prior to a contract award. Under this new, proposed size recertification rule, firms that are bidding on small business set-aside contracts will need to recertify their size prior to an award if they engage in a merger and/or an . . . Read More
Cybersecurity Resolutions for the New Year
Presenters: Jon Williams with Steve Chafitz of e-End.
When Should you File a Contract Disputes Act Claim?
By Julia Di Vito Under the Contract Disputes Act (“CDA”), a contractor must submit a claim within six years of accrual of the claim. A claim is simply a written demand for payment directed to the contracting officer (“CO”) that indicates that it is requesting a final decision. Although six years seems like more than enough time to submit a claim, it is best to not take that time period for granted. Determining when a claim actually accrues can pose . . . Read More
The “Rule of Two” For Orders Placed Against Multiple Award Contracts: The Other Shoe Has Dropped
As many of you may recall, Congress passed the Small Business Jobs Act (“Act”), in July 2010. The purpose of the Act was to ameliorate the effects of the 2008 financial crisis and subsequent recession. Although the Act expanded opportunities for small business there were, nonetheless, some provisions which, in fact, made doing business with the Government somewhat more difficult for small business contractors. In particular, Section 1331 of the Act mandated the Office of Federal Procurement Policy (“OFPP”) and . . . Read More
Analysis of SBA’s Proposed Rule Regarding Limitations on Subcontracting
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. On Tuesday, February 10, 2015 at 2:00 p.m. EDT, join Pam Mazza and Katie Flood, attorneys in our Government . . . Read More
Analysis of SBA’s Proposed Rule Regarding Limitations on Subcontracting
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.
PilieroMazza Legal Advisor – First Quarter 2015
In this issue: SBA Proposes Important New Small Business Contracting Rules When Snow Days Impact Government Contracts: Balancing Inclement Weather and the FSLA Planning Ahead to Get it Right for Your Business SBIC Investment, a Potential Source of Capital for Government Contractors
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