Small Business

ASBCA Recognizes New Legal Theory Which Makes It Easier For Contractors To Win CDA Claims Against the Government: Negligent Negotiations By The Government Pre-Award Can Lead To Reformation And Equitable Adjustment After Award

In a groundbreaking decision, Appeal of Chugach Federal Solutions, Inc., ASBCA No. 61320, the ASBCA recognized that “negligent negotiations” on the part of the government during a proposal evaluation were grounds for the contractor to claim an equitable adjustment under the Contract Disputes Act (CDA). The FAR requires the government to conduct meaningful discussions...
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Virginia Becomes First State to Adopt Statewide Emergency Workplace Procedures Amid COVID-19 Pandemic

Posted on July 16, 2020
On July 15, 2020, Virginia adopted § 16 VAC 25-220, Emergency Temporary Standard, and Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19. The Emergency Temporary Standard, which was drafted under the direction of Virginia Governor Ralph Northam and approved by the Virginia Safety and Health Codes Board, requires Virginia employers to: Mandate social distancing...
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Virginia Government Contractor Facing Federal Indictment for Allegedly Selling Chinese-Made Products to US Government

On July 6, 2020, a federal grand jury returned an indictment charging Arthur Morgan, of Lorton, Virginia, with federal wire fraud charges. Morgan is the Chief Executive Officer (CEO) of Surveillance Equipment Group, Inc. (SEG). SEG, through Morgan, entered into General Services Administration (GSA) contracts with the federal government to provide helmets, body armor,...
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“Ready State” Reimbursement Checklist for Government Contractors

On March 27, 2020, the Department of Defense (“DoD”) issued a class deviation in response to Section 3610 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), which allows agencies to reimburse, at the minimum applicable contract billing rates for government contractors to be at a ‘ready state.’ Recently, DoD issued a...
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Virginia Joins Maryland and Prohibits Covenants Not to Compete for Low-Wage Employees Effective July 1, 2020

Less than a year after Maryland limited competitive restraints employers may place on low-wage employees, Virginia passed a law prohibiting non-compete clauses for low-wage employees. On April 9, 2020, Virginia Governor, Ralph Northam, signed SB 480 into law, which will go into effect on July 1, 2020. The new law states that on and...
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BREAKING NEWS: Latest SBA/Treasury Guidance Creates Safe Harbor for Economic Necessity Certification for All PPP Loans Under $2 Million

The Small Business Administration (“SBA”) and the Department of the Treasury (“DOT”) have been collaborating on guidance for compliance with the Paycheck Protection Program (“PPP”).  But the “guidance” has been much more than guidance—it has taken on the aura of a rulemaking, promulgating interpretations of the underlying statute and establishing standards of enforcement. Further,...
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