Williams Mullen GovCon Perspectives

In this episode, Shayn Fernandez is joined by Verniece Love, Director of SWaM Certification, Virginia Department of Small Business & Supplier Diversity (SBSD), who summarizes the top reasons why SWaM certifications are denied in Virginia, including board control, ownership and principal place of business, as well as the appeals process.    

In this episode, Shayn Fernandez is joined by Verniece Love, Director of SWaM Certification, Virginia Department of Small Business & Supplier Diversity (SBSD), who provides updates to the SWaM certification process as well as an overview of the services provided by SBSD.  

If you’re thinking about lending to a firearms industry member, you need to take special precautions. Firearms laws are complex, and impact multiple aspects in transactions. This podcast touches upon major areas of which you need to be aware.

CPARS reports are a fundamental element of a contracting officer’s evaluation of past performance in considering proposals for new work. Contractors must be diligent in preserving their reputation by ensuring CPARS are accurate.

The U.S. government faces a myriad of current and forward-looking technical, medical, IT, cyber, resiliency, logistics and other challenges. OTA arrangements offer opportunities to virtually any business to participate in research, development and/or prototyping efforts to address these quandaries in a contract environment familiar to the commercial world.  

On this episode of GovCon Perspectives, Kevin Pomfret and Clint Brannon discuss how to conduct due diligence of a target government contractor's data assets in a corporate transaction.

Description of the key requirements for government contractors to comply with ITAR and avoid penalties.

Discussion of what buyers want to see when they are purchasing a government contractor and what it takes to get there.

On this joint edition of Williams Mullen's GovCon Perspectives and Benefits Companion podcasts, Brydon DeWitt is joined by special guest Carl Grund, a financial advisor with Signature Financial Partners in Tysons, Va. Brydon and Carl discuss the role that benefits such as 401K plans can play in helping companies recruit and retain employees.

When can the buyer of the assets of a company receive credit in a subsequent contract award competition for the seller’s experience and past performance?

Applying for re-certification is not as simple as re-submitting your prior application documents—avoid the pitfalls for denial of recertification.

An overview as to the Virginia Department of Small Business and Supplier Diversity’s Small, Women, and Minority owned business certification requirements.

When faced with a potential debarment situation, what factors might a company consider in deciding whether to adopt a proactive or a wait-and-see approach with the Suspension Debarment Official?

What should banks (and contractors) worry about when considering threats to a contractor’s ability to repay its loans and survive?

In the face of concerns about upsetting the customer with a protest, when might the use of “open and frank” discussions afford an effective alternative or protest precursor?

Federal acquisition of rights to computer software involves a range or variety of different rights schemes, ranging from commercial licenses to unlimited rights. Inattention can lead to worries over an inadvertent grant to the government of rights that are greater than those required by the government or intended by the contractor.  

In this episode, Brydon DeWitt and Bob Korroch discuss which government contractors are subject to the Affordable Care Act’s (ACA’s) employer shared responsibility requirement and practical tips related to IRS Employer Shared Responsibility Payment (ESRP) assessments.

This podcast will explain some of the unique legal issues that arise when a U.S. Government contractor is being acquired in a merger or acquisition. It will also discuss approaches that purchasers and sellers can take to minimize risks and regulatory delays.

Please join us for Part 2 in our series, “Stop Losing Your Bid Protests!” and learn what the U.S. Government Accountability Office (GAO) told Congress in its Annual Report for FY 2017 about the most prevalent grounds for sustaining bid protests. We will discuss what GAO said about winning protest grounds, which you can adopt as your best practices for bid protests. And, along the way, you may gain valuable insights into how to write a better proposal, or at least how you can avoid some common pitfalls in the proposal writing process. Stop losing your bid protests!

We welcome our guest, Katie Bilek, Senior Vice President, Republic Capital Access, who will address trends in government contracting and the financial implications for small business.

Government contractors are subject to the same tax issues as every other business. Every contractor needs to know that contracts with the federal, state or local governments do not provide a special tax treatment, and failure to recognize tax responsibilities can result in negative consequences. Knowledge of state and local tax can help avoid bad news.

In this episode of GovCon Perspectives, Tony Anikeeff talks with Will Wozniak about navigating the FAR Mandatory Disclosure Rule regarding potential misdeeds.

Learn what the U.S. Government Accountability Office said in its Annual Report to Congress for FY 2017 about the most prevalent grounds for sustaining bid protests. Gain valuable insights into winning protest grounds but also into how to submit a winning proposal to the U.S. Government. Stop losing your bid protests!

In this episode of GovCon Perspectives, Will Wozniak talks with Tony Anikeeff about how the claims/disputes process can be effective for addressing contract issues beyond just getting paid. But you must follow the rules.

In this episode of GovCon Perspectives, Tony Anikeeff is joined by special guest Laura Windsor to discuss the obligations of government contractors under the employment laws administered by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). Tony and Laura discuss how to prepare for the OFCCP audit process, which can include on-site interviews, the production of documents pertaining to employee demographic and compensation data and extensive investigation into sources and methods of employee recruiting.

In this episode of GovCon Perspectives, Will Wozniak talks with Shayn Fernandez about what to do when passive investments raise questions of affiliation. Protestors often raise issues of affiliation in the form of size protests when small business government contractors have passive investments from third parties. In turn, these affiliation problems may render an entity other than small and make the investment inherently less valuable.

In this episode of GovCon Perspectives, Bob Korroch talks with Shayn Fernandez about the who, what, when and why of obtaining government consent in the world of mergers and acquisitions.

In this episode of GovCon Perspectives, Bob Korroch talks with Tony Anikeeff about the Foreign-owned entities seeking to do business with the U.S. Government where access to classified information is required must mitigate or negate their foreign ownership, control or influence. Proper planning in advance and responsible engagement can facilitate a successful result in seeking the necessary clearances to perform such work.

In this episode of GovCon Perspectives, Mike Maloney talks withWill Wozniak about the Commercial Item Contracting is intended to benefit both the government and contractors, but those benefits can sometimes get lost in the shuffle. Reminding the parties why Commercial Item Contracting was implemented can help ensure a mutually beneficial transaction for all involved.

In this episode of GovCon Perspectives, Will Wozniak talks with Mike Maloney and Shayn Fernandez about the Contractor Performance Assessment Reporting System (CPARS). You need to understand what the CPARS is and what your rights are so you can monitor your past performance record and be ready to take steps to correct any errors by the government.

In this episode of GovCon Perspectives, Shayn Fernandez talks with Bob Korroch about the nonpayment of subcontractors. Although subcontractors lack privity of contract with the government customer and subcontract disputes generally are governed by local law, subcontractors do have some legal leverage to help them get paid.

In this episode of GovCon Perspectives, Mike Maloney talks with Tony Anikeeff and Will Wozniak about negotiating subcontracts from both sides. Although they share an ultimate customer, the interests of a prime contractor and a subcontractor are often divergent. Careful consideration and negotiation of subcontract terms can help to ensure there is a fair balance between the competing interests.

In this episode of GovCon Perspectives, Bob Korroch talks with Shayn Fernandez about the pros and cons of teaming agreements vs. joint ventures. Interested in combining forces with another government contractor? Well, teaming may be for you—but make sure you find the arrangement that works for your business.

In this episode of GovCon Perspectives,Tony Anikeeff talks with Will Wozniak and Mike Maloney about deciding between the Court of Federal Claims or the Boards of Contract Appeal. Choosing the proper forum is the first decision to be made when initiating the claims process. A contractor should review the pros and cons of each forum to ensure an informed decision.

In this episode of GovCon Perspectives, Will Wozniak talks with Tony Anikeeff about suspension and debarment. The government can suspend or debar an entity or individual for a host of actions or omissions, barring them from doing business with the government. A proactive strategy of self-examination, corrective action and engagement with the Suspension and Debarment Official can lead to a positive result for a company that will enable it to continue engaging with the government. 

In this episode of GovCon Perspectives, Will Wozniak talks with Bob Korroch about choosing a forum for award protests. A disappointed bidder’s protest strategy includes deciding whether to initiate the protest with the procuring agency, the Government Accountability Office or the U. S. Court of Federal Claims.

In this episode of GovCon Perspectives, Michael Maloney talks with Tony Anikeeff about federal cybersecurity requirements for government contractors. The Government requires contractors and subcontractors to protect the systems upon which government-related data resides or through which it passes. Failure to comply with current FAR rules and soon to be effective DFARS rules exposes one to significant consequences.  Fortunately, for other than classified information, the standards are similar to prudent commercial business practices.

In the first episode of GovCon Perspectives, Will Wozniak talks with Tony Anikeeff about bid protests. Confronting an exclusionary solicitation or failing to win an award can be highly frustrating.  Putting aside emotion and applying practical and objective criteria to the situation will help one assess whether there is good reason to expend the effort and resources to protest a solicitation’s terms or a proposed award.