How Long Is Your Non-Disclosure Agreement Enforceable? It Depends.
By Julia Di Vito Non-disclosure agreements (“NDA”), or confidentiality agreements, are useful in a variety of contexts, including between teaming partners, contractors and subcontractors, as well as employers and employees. No matter the context, the duration of an NDA is a crucial part of the agreement, yet often it is determined by a boilerplate provision that is not tailored to the circumstances of the agreement. If you take a look at your current NDAs, it is likely that they either . . . Read More
Drafting Valid Damages Provisions in Settlement Agreements
By Ambi Biggs The parties have finally settled their dispute and agreed-upon terms for a settlement. All that’s left to do is draft the settlement agreement. Often thought of as a formality that should take minimal effort and expense to prepare, the drafting of the settlement agreement can quickly turn into a “devil in the details” scenario. One or more of the parties to the settlement agreement will often want a provision that prevents the other party from disparaging it . . . Read More
Analysis of the Fair Pay and Safe Workplace Proposed Rule
The premise of the Executive Order is to improve contractor compliance with labor laws and to increase efficiency and cost savings in Federal contracting by requiring contractors to disclose violations of 14 labor laws and associated state laws in the three-year period prior to submitting a bid or proposal and to update these disclosures semi-annually in SAM. On May 28, 2015, the Defense Department, General Services Administration and National Aeronautics and Space Administration announced the Federal Acquisition Regulatory Council’s proposed . . . Read More
The Unappealable 8(a) Denial
It is widely known that the Small Business Administration (SBA) disagrees with how the agency’s own Office of Hearings and Appeals (OHA) has ruled in recent years with regard to appeals brought to OHA stemming from denials of 8(a) applications. SBA believes that OHA has placed the burden too heavily on the agency to show why someone is not disadvantaged instead of forcing the individual applying for 8(a) status to affirmatively show they were actually discriminated against or otherwise disadvantaged . . . Read More
8(a) Joint Venture Applications – Don’t Wait Until the Last Minute!
By Kelly DiGrado Interested in forming a joint venture to chase an 8(a) opportunity? Remember to give the SBA advanced notice of your intent, execute your joint venture agreement prior to proposal submission and prepare the necessary supporting documentation for your joint venture application well in advance of the anticipated contract award date. In order for a joint venture to be awarded an 8(a) contract, the joint venture agreement must be executed prior to proposal submission. Additionally, the joint venture . . . Read More
Top Five HR Headlines You Don’t Want to Miss!
If you have been paying attention to the headlines, you might have noticed that a lot has been happening in the labor and employment world recently. Here are our top 5: The Supreme Court Saves the Affordable Care Act … Again: On June 25, 2015, the Supreme Court held that the Affordable Care Act (‘ACA”) may provide nationwide tax subsidies for qualifying individuals to purchase health insurance. In King v. Burwell was a challenge to a fundamental component of the . . . Read More
Tips on Avoiding the Unsettling Results of a Poorly-Drafted Settlement Agreement
Well done! Through your reasoned approach and powers of persuasion, you have managed to resolve the pending contract dispute on your own, and thus have avoided that costly telephone call to the litigator in your attorneys’ office and the uncertainty that comes with putting your dispute before a judge or arbitrator for resolution. As you reflect on the expense that your efforts have saved the company and contemplate a possible second career as a diplomat, a draft settlement agreement arrives . . . Read More
Control and Responsibility in SDVO SBC Joint Ventures: More than a Title
Most Service-Disabled Veteran-Owned (“SDVO”) Small Business Concerns (“SDVO SBCs”) are likely familiar with the Small Business Administration’s (“SBA”) requirements for an SDVO SBC to submit an offer for an SDVO contract as a joint venture (“JV”). One requirement in particular, i.e., that the parties’ joint venture agreement (“JVA”) contains a provision designating the SDVO SBC as “managing venturer” and an employee of the SDVO SBC as “project manager”, has been heard time and time again by the many SDVO SBCs . . . Read More
Corporate Housekeeping Tips: Keeping Your Website in Tip Top Shape
By Kimi Murakami Among the other areas of your business that you need to keep in order, don’t forget your website. Your website is the company’s digital storefront to the public. Protecting it is paramount to protecting your brand. Below is a checklist of issues to keep in mind in order to more fully-protect valuable company assets. Have you trademarked your business name and logo? If not, are you using the ™ (trademark) symbol after the mark? Your company’s name, . . . Read More
Current Trends and Issues in GovCon M&A for 2015
As we are rapidly reaching the middle of 2015, why not pause for a moment and identify some current trends and recurring themes and issues that are found in mergers and acquisitions (“M&A”) within the government contracting industry. With this goal in mind, here is a ‘top six’ list to review and digest: Has GovCon M&A Reached a “New Normal”? Think about 2006-2007 as being a peak in terms of deal volume and valuations and the first half of 2013-2014 . . . Read More