“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

Don’t Slip Up: The “Boilerplate” Provisions of Your Contracts Deserve Equal Attention

Webster’s dictionary offers the following as an alternative definition of the term boilerplate: “tightly packed, icy snow.” No one would knowingly pay little heed to such a potentially treacherous condition, yet every day in contract negotiation parties devote the vast majority of their efforts to the business terms, while glossing over the “boilerplate” provisions. Oftentimes, the assumption is “if it ain’t broke, don’t fix it”—that is, those standard (read: boilerplate) terms you used in past contracts will work just as . . . Read More

OHA Sheds Some Light on What Constitutes a “Class” of Stock

In my recent article about the impact of separate stock classes on veteran-owned firms , I discussed how having more than one class of voting stock can complicate an ownership analysis under both the Department of Veterans Affairs ’ program for Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses and the U. S. Small Business Administration’s (“SBA”) program (the “SBA Program”) for Service-Disabled Veteran-Owned Small Business Concerns (“SDVO SBCs”). Citing an SDVO SBC status determination for illustration purposes, I explained how the analysis–which may appear straightforward and mechanical at first look–is not so cut and dry when the initial inquiry entails making a . . . Read More

Business Entity Alphabet Soup – GP, LP, JV, LLC, C, S, QSSS – What do they mean?

By Kimi Murakami As government contractors, the business universe is likely filled with familiar acronyms. However, one may not be as familiar with the meaning behind the alphabet letters that comprise the different business entities in the corporate world. Choosing the form of legal entity for your company was most likely a threshold issue for starting your business. By forming a company, you can shield yourself from liabilities that will arise by the business. Whether just starting out or if . . . Read More

What Every Business Owner Needs to Know About Implementing the New Tangible Property Regulations

By Eric Fletcher, Principal with Thompson Greenspon Over the last several years, the IRS has published a series of regulations and rulings that dramatically change how taxpayers must account for the costs of acquiring, repairing, improving and even disposing of tangible property. These new rules represent some of the most significant changes in tax law since the Tax Reform Act of 1986 and they must be adopted no later than the tax year beginning on or after January 1, 2014. . . . Read More

PilieroMazza Legal Advisor – Fourth Quarter 2014

In this issue: Court of Federal Claims Invalidates Key Component of the SBA’s Nonmanufacturer Rule At the Crossroads of M&A and Government Contracts – The Novation Process What Every Business Owner Needs to Know About Implementing the New Tangible Property Regulations The Impact of the Fair Pay and Safe Workplaces Executive Order on Contract Procurement

First Zombies, Now Ebola, then What? Preparing for Communicable Diseases in the Workplace

Oh the good ol’ days, when employees were awaiting a fictional zombie apocalypse and getting them to pay attention to prevention and preparedness was easy thanks to zombie animation from the Centers for Disease Control and Prevention (CDC). However, the coming of Ebola has eclipsed not only zombies but common cold and flu preparedness. It is only natural that Ebola seems much more menacing to us than the flu or other common illnesses, but for employers the threats and risks . . . Read More