In this blog post, we discuss recent government contract law cases and give advice relating to government contract work. Read more now.

2021 NDAA Makes Important Changes to Past Performance Evaluations for Small Businesses

The National Defense Authorization Act for Fiscal Year 2021 (“NDAA”) took some significant steps to help small businesses make the leap from subcontracting to becoming a Prime. Having been an in-house counsel at some small businesses and going through the struggle of identifying the best past performance reference, I understand just how important these rule
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How to Read a U.S. Government RFP Webinar 9 3 2020

General Counsel Recorded Webinar
Lewis Rhodes, GovCon attorney at General Counsel, P.C., delivered a webinar on how ponteial government contractors should read a government request for proposal (RFP) to maximize their odds of winning while minimizing their risk of an award being protested.  
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A Special 4th of July Message from Lewis Rhodes, LtCol USMCR, GCPC GovCon Practice

Lewis Rhodes, Attorney, Marine Veteran
Dear Friends and Colleagues:  As we head into the Fourth of July Holiday, I wanted to take a moment to reflect on this 245th Birthday of this great Nation.  We have never been perfect, but we have always aspired to be. That is what truly makes the United States so special. We are founded on
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SBA Clarifies PPP Good Faith Certification Question

Small Business Administration Seal
As promised, today the SBA published its latest round of guidance on the Paycheck Protection Program (“PPP”) and the “good faith” certification. We have discussed this topic in detail here and here. Back on April 23rd, in light of public outcry over large, publicly traded companies receiving PPP loans, the SBA clarified that only companies
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Additional CARES Act Information for Government Contractors

Link to recording for Government Contracts, CARES Act PPP and 3610
We recently held an interactive session with government contractors following up our earlier post about provisions in the CARES Act Payroll Protection Program (PPP) and section 3610 that affect those companies doing business with the U.S. Government. In the session, we do a deeper dive and answer questions from government contractors about when and how
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CARES Act Relief for Government Contractors

U.S. Capital where the CARES Act was put into law
NOTE: more information on this subject is also available in this recording of an interactive session with government contractors about these provisions. You May be Eligible for Reimbursement for Paid Leave Now that the dust has settled on the Paycheck Protection Program (which is also just about out of funding), it is time to look
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Corona Virus Alert

Coronavirus Covid-19 Alert
COVID-19 is everywhere. Not just the virus itself, but the news coverage of the virus as well. On Wednesday the World Health Organization declared it a pandemic, the stock market has plummeted over 20%, professional sporting events are being cancelled, and to cap off a crazy day, the President banned all travel from  Europe to
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Business and Business Owner Liable for FLSA and Breach of Contract Damages.

In a recent case, the court found that plaintiffs established violations under the Fair Labor Standards Act (“FLSA”) for unpaid minimum wages and retaliation, as well as breach of contract for failing to pay employees under employment contracts. The court found the employer business liable for damages for these violations and also decided to pierce
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What’s In Your Subcontract?

This post was originally published in April, 2013. We’re re-posting in case you missed it.  A subcontract under a Federal Government Contract can be a peculiar thing.  It can contain numbered clauses from the Federal Acquisition Regulations without any stated text. It can say the Government prime contract takes priority over the subcontract without properly identifying
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Can Employees of Government Contractors use Medical Marijuana?

While many states have enacted legislation permitting marijuana use in some form (you can find more information on marijuana in the workplace in VA, MD, and D.C. here), marijuana use is still prohibited under federal law. Specifically, under the federal Controlled Substances Act, marijuana is prohibited as a Schedule 1 illegal drug. While the Americans
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Marijuana in the Workplace Under D.C., Maryland, and Virginia Law

With so many states enacting legislation permitting marijuana use in some form, new questions have developed as to employers’ rights regarding marijuana use by employees. 30 states and the District of Columbia currently permit marijuana use for medicinal purposes. Of those states that allow medicinal marijuana, 9 states and the District of Columbia also permit
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Starting Your Own Business

Video about things to consider before starting a business.
Starting a business is a lot of work and takes a serious level of commitment. Before you commit to such a huge endeavor, make sure you do your research. What do you need to do to start a business? What are the requirements of starting a business? How do you get started? Below are some
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General Counsel, P.C. attorneys win Virginia’s SECOND largest verdict of 2017

General Counsel PC Wins Largest Virginia Verdict of 2017
Originally posted on January 25, 2018. Just days after being notified by Virginia Lawyers Weekly that General Counsel P.C.’s verdict for Heard Construction was the largest in Virginia in 2017, we learned that we were edged out of the title by a Fairfax County medical malpractice case. Managing Partner Merritt Green said that he was told by Virginia Lawyers Weekly that
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What To Do When Accused of Breach of Contract

If you’ve received a notice of breach of contract sometimes called a demand letter, it means someone believes you’re not living up to your end of a bargain. A breach of contract occurs when one party to a contract doesn’t fulfill any term of a contract, without a lawful excuse. Contract breaches can be troublesome
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Expansion of the Mentor-Protégé Program – Form Strategic Alliances

Expansion of the Mentor-Protégé Program – Time to form Strategic Alliances By Sharon O. Steele, Chair Government Contracts Practice Group General Counsel, P.C. – www.generalcounsellaw.com ssteele@gcpc.com (703)226-2719 The Small Business Administration (SBA) released the final rule concerning the long-anticipated expansion of the Mentor-Protégé Program.  The final rule creates a Government-wide mentor-protégé program open to all
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Sharon Steele (General Counsel, P.C.) on Supreme Court’s decision in Kingdomware Technologies, Inc.

Check out the full video interview with Sharon Steele, chair of the Government Contracts Practice Group for General Counsel discuss the Supreme Court’s decision in Kingdomware Technologies, Inc. v. United States. Read about more cases on our Practical Counsel Blog
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Ask A Small Business Attorney: How To Set Up A Limited Liability Company?

A small business attorney will tell you that Most small businesses now are being organized as limited liability companies (“LLCs”) because of the limited liability afforded owners of the company and the favorable pass thru income tax treatment of the company’s earnings. In addition, management of the company can either be retained by the owners—that is,
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Sole Source Authority for Women-Owned Small Businesses

Is a women-owned small business considered a Women-Owned Small Business (WOSB) by the Small Business Administration (SBA)? Much like, “What color is George Washington’s white horse?” and “How many years did the Hundred Year War last?” the question sounds like a riddle, but the reality is that simply being a women-owned small business does not
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Small Business Lawyer: Converting Your Partnership to a Limited Liability Company

Prior to the wide-scale acceptance of limited liability companies (“LLC”), many business owners who wished to avoid a “double tax” on the income from their business turned to general partnerships. While that form of entity did generally avoid the double taxation of business income inherent in a corporation, the cost of doing so was to
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Incentive Compensation Traps: How to Avoid Them

True Story – Amazing Situation: Got a call from a client with a major compensation problem: their NEW sales rep had just sold the largest services contract and was now, immediately, due a $5 million check. The contract would take years to fulfill and the revenue would come in on a monthly basis. Yet by
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