Limitations on LPTA Coming to DFARS
On December 4, 2018, DOD issued a proposed rule amending the DFARS to impose limits on the use of the lowest price technically acceptable (“LPTA”) source selection process. These changes are driven by the National Defense Authorization Acts (“NDAA”) for Fiscal Years 2017 and 2018. Notably, the 2018 NDAA directed similar changes to the FAR, but there is no proposed change to the FAR yet. DOD proposes adding a new DFARS section, 215.101-2-70, to address the limitations and prohibitions on the use . . . Read More
Title VII’s Protections Don’t Extend That Far—4th Circuit Says Review and Copying of Confidential Files Not Protected Activity
Catherine Netter, a 19-year employee of the Guilford County, N.C., Sheriff’s Office, believed a disciplinary sanction she received in 2014, which impeded her ability to be promoted, was motivated by discrimination. Netter, who is African-American and Muslim, felt that other similarly situated officers who were neither African-American nor Muslim had not been disciplined in a similar manner, so she filed complaints with the Equal Opportunity Employment Commission (“EEOC”) and the Guilford County Human Resources Department. So far, so good. But, . . . Read More
Practical Considerations Before Novating Your GSA Schedule Contract
Avoiding Flat Tires When Acquiring IDIQ Contract Vehicles
With proposals costing hundreds of thousands of dollars and many IDIQs having 50 or more awardees, it can easily happen that some contractors who win a spot on a contract are unable to capitalize on it and simply stop trying to capture task orders. Whether it was because the initial win was based on sheer luck or perhaps because of a tragic, unforeseeable change in circumstances, making it impossible to bid or even keep the company doors open, a contractor . . . Read More
Growing Pains: Growth Capital Sources and Considerations Part 2: Private Equity Financing
At a certain point in a company’s life cycle, founders are likely to be faced with the financial pinch of requiring outside sources of funding to finance further growth and expansion of the business. Previously, I posted an article that focused on one of the two most common paths that companies turn to for growth capital financing: traditional bank debt. In this post, I will focus on the second of the most common sources of financing—private equity investment. Private equity investments can . . . Read More
Big Changes in the HUBZone Program Coming in 2019
Published by Set-Aside Alert: The Small Business Administration published its long-awaited proposed rule overhauling the Historically Underutilized Business Zone (HUBZone) Program on Oct. 31. Comments to the proposed rule are due Dec. 31, making it likely a final rule will be published in 2019. This rulemaking represents the first comprehensive revision of the HUBZone program, explicitly intended to make program compliance easier for small businesses and make the program more attractive for procuring agencies to use.
Recent Maryland Case Is a Reminder to Employers to Review the Language of Their Offer Letters, Employment Contracts, and Employee Manuals
The vast majority of states are at-will employment states, which means that an employer may terminate an employee for a good reason, a bad reason, or any reason at all, so long as the basis for termination does not violate a statute or public policy of the state. In Maryland, Virginia, the District of Columbia, and a number of other states, an employment relationship is strongly presumed to be at-will. Thus, even when the employee signed an employment contract, so . . . Read More
Seller Beware: 5 Tips to Keep Bad Employment Practices from Holding Up a Sale
Lawsuits and existing labor disputes are obvious impediments to the sale of your business. But short of these red flags, any number of ill-advised practices may slow down or even stop an acquisition from proceeding. Do not enter into serious talks about the sale of your company without first identifying and correcting poor employment practices. Follow these tips to avoid future headaches. 1. Ensure Employees Are Properly Classified The Fair Labor Standards Act (“FLSA”) requires that non-exempt employees receive . . . Read More
You’ve Decided to Sell Your Business— How to Be Prepared to Execute the Deal
After years of building, growing, and investing in your business, there comes a point at which you start to think about an exit strategy. Perhaps your exit will be transitioning the ownership of your business to a family member or selling the majority of your ownership interest to an investor and taking a back seat going forward, or maybe it’s selling the whole business enterprise. Regardless of the type of exit you contemplate, selling a business is not for the . . . Read More
Comments Submitted in Response to RIN 2900-AQ20—VA Acquisition Regulation: Contracting by Negotiation; Service Contracting
On September 7, 2018, the U.S. Department of Veterans Affairs’ (“VA”) issued proposed rule , RIN 2900-AQ20—VA Acquisition Regulation: Contracting by Negotiation; Service Contracting. PilieroMazza submitted comments to the proposed rule on November 6, 2018. Our firm represents small businesses operating across the government contracting spectrum, and many of these companies are service-disabled veteran-owned small businesses (“SDVOSBs”) verified to participate in VA’s “Veterans First Contracting Program.” In representing these firms and working with VA, we have received numerous comments from . . . Read More