-
Think You Know Everything About Subcontracting Plans? Think Again.
There are some interesting legal nuances regarding subcontracting plans of which most government contractors are not aware. Most contractors know that, in negotiated acquisitions, each solicitation of offers to perform a contract or contract modification, that individually is expected to …
-
SBA Issues New “Small” Size Standards
On March 16, 2011, SBA posted for public comment proposed changes to the size standards for Sector 54, Professional, Technical and Scientific Services. SBA received nearly 1,500 comments on the proposed rule, the majority of which addressed the proposed increase …
-
Air Force Sends Notice of Proposed Debarment to Booz Allen
Earlier this week, the Air Force issued a Notice of Proposed Debarment to Booz Allen Hamilton, Inc. The basis for the debarment is set forth in a memorandum attached to the notice (contact me if you would like a copy). …
-
GAO Protest Decision Addresses Intersection of OCI and Government Post-Employment Rules
Organizational Conflicts of Interest (“OCI”) has been a “hot topic” in government contracts ever since new DoD OCI regulations for Major Defense Acquisition Programs were published in December of 2010. While the final regulations were far narrower than anticipated, the …
-
VSE Decision Part II
In my earlier blog post on the GAO’s decision in VSE Corporation (B-404833.4, November 21, 2011), I commented on GAO case law holding that “an appearance of impropriety” can justify the disqualification of a contractor from a procurement. In the …
-
Employee Handbooks: Benefits and Pitfalls
One of the questions employers frequently have is whether it is good policy to distribute and employee handbooks to employees. The answer I most readily give employers is yes, as long as the handbook is carefully drafted as it might …
-
New Rule Allows Contractors to Prevent Public Access to Contractor Information Reported in FAPIIS
In 2010, the Government implemented the Federal Awardee Performance and Integrity Information System (FAPIIS). FAPIIS consolidates information from various federal databases such as the Excluded Parties List System (EPLS), the Past Performance Information Retrieval System (PPIRS) and the Contractor Performance …
-
Virginia Courts are Giving Wider Discretion to Noncompete Agreements in Business Sales and Settlement Agreements than to Similar Noncompetes Contained in Traditional Employer/Employment Agreements
A noncompete entered into as part of a settlement agreement to end litigation between an employer and former employee receives more latitude than a traditional noncompete signed before or during the employment period.
In a recent case, Plaintiff McClain …
-
Here we go again, GAO issues another Aldevra-type Decision
Yesterday, the GAO issued a decision in Kingdomware Technologies, B-405727, in which it found that the Department of Veterans Affairs improperly sought to fulfill a requirement for subscription and support services from a non-mandatory FSS contract rather than conducting market …
-
Expedited Discovery requires “Unusual Circumstances”
A recent opinion out of the Eastern District of Virginia states that “unusual circumstances” must be shown to grant a party expedited discovery. And the court adopted two prongs of the prior test for granting a preliminary injunction to determine …
Protorae Business Briefs
Providing insight on legal issues impacting businesses, our blog focuses on Corporate & Business Entities, Government Contracts, Employment Law, Intellectual Property and Technology Law, Business Litigation, Real Estate and Land Use, Trusts and Estates and Tax Law to help you navigate the business world.