Saturday, October 31, 2020

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Freedom from Affiliation? Check Your Mentor-Protégé Joint Venture Agreement

One of the primary benefits offered by the Small Business Administration’s mentor-protégé programs is the ability to operate outside the normal rules governing affiliation. Generally speaking, SBA allows mentors to provide assistance to their protégé firms without fear of creating affiliation. That is, so long as the assistance provided is consistent with the mentor-protégé agreement, […]
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New Government-Wide Category Management Policy for Package Delivery Services Could Signal Changes for Other...

Despite the change in administration, the government’s efforts to implement category management continue and are about to have a major impact in how the government contracts for package delivery services. The Office of Management and Budget’s recent mandate for agencies to use the Department of Defense’s Next Generation Delivery Services contract for small package delivery services is […]
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Incumbent Contractor Employees’ Right of First Refusal Rule Rescinded

By Suzanne Sumner and Brandon Dobyns of Taft Stettinius & Hollister LLP On Oct. 31, 2019, the President issued Executive Order 13897 repealing a prior executive order from January 2009 that required government contractors to provide a right of first refusal to incumbent contractor employees when taking over a contract. The 2009 order, Executive Order […]
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Recent GAO Decision Permits One-sided Discussions as Agency Corrective Action

In a prior alert, we highlighted the unusual remedy ordered in Caddell Construction Co. v. U.S., in which the Court of Federal Claims nullified the award of a construction contract and ordered the agency to reopen discussions with only one firm. The court explained that the unusual remedy was appropriate because misleading discussions had impacted […]
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Purchase Agreement Components, Part 1: Options for Forms of Purchase Price Consideration in Acquisition...

PilieroMazza – Whenever parties enter into negotiations to buy and sell a target company, one of the first points of discussion is the purchase price. In particular, the purchase price discussion often reflects the amount of cash that will be paid by the buyer to the seller at closing, and, in fact, nearly all acquisitions […]
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8(a) Program: Participant Terminated For Missing Annual Review

In a recent decision, the SBA Office of Hearings and Appeals held that the SBA may terminate a participant from the 8(a) Program for failing to provide the required information–even if the 8(a) company’s owner has had personal difficulties that contributed to the failure. More at SmallGovCon
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Substantively Non-Protestable Issues (Post-Award Protest Primer #8)

In our last post, we discussed a few procedural rules that can exclude an otherwise meritorious ground from protest.  There are also a number of substantive issues that the GAO’s rules exclude from review.  See 4 C.F.R. § 21.5.  We address them below, plus a bonus ground that might as well be non-protestable. Contract Administration Matters:  […]
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Appeal of Wage Determination Rates

An appeal of Service Contract Act and Davis-Bacon Act wage determination wage rates and fringe benefits starts with the Wage & Hour Division’s Division of Wage Determinations. Any interested party can furnish a written submission pointing out lagging prevailing wage rates to WHD and presenting additional wage data for them to consider as they issue new […]
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How Employers Should Respond to the Trump Administration’s Proposed Overtime Rule

By Julia Judish, Special Counsel, Pillsbury Winthrop Shaw Pittman LLP The proposed changes seek to formally rescind the Obama Administration’s 2016 Final Rule, which more than doubled the minimum salary levels for exemption for overtime requirements. Instead, the Trump Administration proposes increasing current minimum salary levels by almost 50 percent. (1) The Department of Labor […]
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Post-Award Protest Primer: Part 3

In the context of all post-award debriefings, there are two timeliness considerations: first, meeting the GAO’s timeliness requirements and, second, whether the filing will result in an automatic stay. Post-Award Protest Timeliness – Required Debriefing When a debriefing is required, either for a FAR Part 15 procurement, or a sufficiently large task or delivery order […]
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