The Federal Trade Commission (“FTC”) recently issued a proposed rule, which, if enacted as written, would ban essentially all non-compete agreements by private employers. The proposed rule is one of the broadest expansions of agency authority in the FTC’s history, raising a myriad of considerations for all employers. Briefly, the proposed rule would prohibit employers...
Department of Defense solicitations require a Mission-Essential Contractor Services Plan when the DoD procures “Essential contractor Service and Mission-essential Functions.” DFARS 252.237-7023. The Plan must address the contractor’s ability to provide mission-essential functions during periods of crisis including, for example, how the contractor will supply the personnel and resources required to maintain continuity of essential...
The SBA has proposed significant changes to the rules governing joint ventures as part of its overhaul of the SBA’s small business program regulations. The 3-2 Rule: Currently, a joint venture may receive a maximum of three contract awards in a two-year period. The proposed rule eliminates the cap on contract awards, but continues the...
President Trump signed into law the Small Business Runway Extension Act of 2018 on December 17th, 2018. The Act modified how the SBA calculates a business’ size for revenue-based size standards. The Act also increased the period of time used in the calculation of a firm’s receipts from three years to five. Regulations implementing the...
Defaulting on a contract will likely have a substantial negative impact on your business beyond the losses experienced for the terminated contract. The standard default clause in a government contract states that the government can terminate a contract for default if a contractor fails to deliver supplies or to perform the services or work within...