BLOG: Corporate Transactions and Affiliation Pitfalls

As a small business grows and expands, it may have opportunities to bring on new investors, provide equity incentives to obtain, incentivize and retain key employees and directors, and enter into acquisitions and other transactions with other entities. These investments and transactions can support the business’s stability and future growth but may also raise unintended affiliation issues. Because the Small Business Administration (SBA) includes the business’s affiliates when determining its size, pursuing these transactions may affiliate the business with other . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – May 17, 2019

If you have questions concerning the content below, please visit this link . FALSE CLAIMS ACT / LITIGATION U.S. Supreme Court – According to Law360, the U.S. Supreme Court ruled unanimously that the “government knowledge” statute of limitations applies in False Claims Act cases regardless of whether the government intervenes, expanding the time relators have to file FCA claims by up to four years in some circumstances. Justice Department Issues New False Claims Act Guidance on Cooperation Credit That May . . . Read More

BLOG: CVE Denies SDVOSB Verification Application Based on Outdated VIP Profile

SDVOSBs participating in the VA’s Veterans First Contracting Program are required to maintain a Vendor Information Page (“VIP”) profile which contains a significant amount of information about the company, such as ownership structure, financial data, and capabilities. Making sure this information is current and accurate is critical to your verified SDVOSB status, as a recent OHA decision demonstrates. In CVE Appeal of Supreme Cleaning, Inc., SBA No. CVE-114 (2019), the appellant, Supreme Cleaning, Inc. (“Supreme Cleaning”), appealed the VA Center for . . . Read More

The Weekly Update for May 10, 2018

If you have questions concerning the content below, please visit this link . GOVERNMENT CONTRACTING Department of Justice – The DOJ released guidance on how the targets of False Claims Act investigations can receive leniency in exchange for proactively disclosing misconduct. The guidance also explained how the DOJ awards credit to defendants who cooperate with investigations. Department of Energy – The DOE released an acquisition letter to communicate revisions to contractual requirements related . . . Read More

The Weekly Update for May 7, 2019

GOVERNMENT CONTRACTING The Department of Defense issued a final rule amending the Defense Federal Acquisition Regulation Supplement to implement section 2804 of the National Defense Authorization Act for Fiscal Year 2019, which increased the threshold for small business set-asides of acquisitions for architect-engineer services, including construction design, in connection with military construction projects or military family housing projects, to $1 million. The final rule became effective on April 30, 2019. 84 Fed. Reg. 83, 18160 . The Department of Energy’s (DOE) Office of Hearing and . . . Read More

The Weekly Update for April 16, 2018

GOVERNMENT CONTRACTING As reported in a Government Executive article , President Trump announced in a tweet that he intended to nominate Jovita Carranza, currently the Treasurer of the United States, to serve as Administrator of the Small Business Administration (SBA). Ms. Carranza worked as a Senate-confirmed deputy administrator at SBA during the George W. Bush administration and previously had a 20-year career at the United Parcel Service, ending as president of Latin America and Caribbean operations. According to Bloomberg Law, the . . . Read More

BLOG: Thinking of Forming a Mentor-Protégé Joint Venture? Timing Matters

If you are thinking of forming a mentor-protégé joint venture to pursue a particular set-aside contract, it is critical that your timing has enough built-in cushion to ensure that all of the necessary approvals and entity-formation steps are accomplished before you submit your proposal. There is a fairly rigid sequencing of the steps involved in putting together the mentor-protégé application and subsequent joint venture agreement—make sure you do not fall into the trap of skipping a step, or otherwise you may put . . . Read More