12/19/2019
In August 2018, Governor Northam signed Executive Order 16, which established the Inter-Agency Taskforce on Misclassification and Payroll Fraud. The Taskforce’s purpose was to make recommendations on how to measure and combat “misclassification” of workers as independent contractors in the view of the Commonwealth. The Taskforce included representatives from a variety of state agencies, such… Read more »
12/12/2019
The Berry Amendment Example Hopeful government contractors must be aware of all the requirements of a solicitation to avoid being deemed non-responsive. This is rarely a simple task; however, when multiple clauses govern the same subject, the risk of error in following such requirements increases. This article demonstrates such an issue by explaining the interworking… Read more »
12/10/2019
Transition From A 3-Year Averaging Period To A 5-Year Averaging Period As reported in the Federal Register, the U.S. Small Business Administration (SBA or Agency) is modifying its method for calculating average annual receipts used to prescribe size standards for small businesses. Fed. Reg. Vol. 84, No. 234, Dec. 5, 2019. Specifically, in accordance with… Read more »
11/25/2019
Navigating mixed signals in the construction industry; the AIA’s Architecture Billings Index through September 2019 indicates generally flat but encouraging business conditions. Dated – No. Important – Yes. Why? The Architecture Billings Index (ABI) is a composite index derived from monthly report surveys from member firms located throughout the country reporting on activity of “work-on-the-boards.”… Read more »
11/12/2019
Part III This article is the third in a three-part series discussing the United States Department of Agriculture’s (USDA) Interim Final Rule on the establishment of a domestic hemp production program recently published in the Federal Register (Rule). Perhaps recognizing the potential uncertainty in hemp production, the Rule makes clear that hemp producers do not… Read more »
11/11/2019
Part II This article is the second in a three-part series discussing the United States Department of Agriculture’s (USDA) Interim Final Rule on the establishment of a domestic hemp production program recently published in the Federal Register (Rule). Under the Rule, State or Tribal plans to regulate the production of hemp must include certain provisions. … Read more »
11/08/2019
Part I On Thursday, October 31, 2019, the United States Department of Agriculture (USDA), Agriculture Marketing Service (AMS) published an interim final rule (Rule) on domestic hemp production in the Federal Register. The Rule will remain effective through November 1, 2021, until the final rule is published, after a sixty-day public comment period and final… Read more »
11/08/2019
Many commercial real estate loans are “non-recourse,” which means in general terms that foreclosing on the real estate securing the loan is the lender’s sole remedy for a borrower’s failure to repay the loan. The lender is generally prohibited from suing the borrower entity or any individual guarantors to recover the unpaid debt or any… Read more »
11/07/2019
Borrowers often envision future alterations to enhance the economic value of the commercial real estate asset, when closing the initial loan. Such alterations can be in the form of capital improvements, tenant improvements, renovations, and/or expansions of the facility. At term sheet negotiation, the borrower should consider the long-term and short-term plans for the property,… Read more »
10/30/2019
The Virginia Department of Small Business and Supplier Diversity (DSBSD) administers the small, women-owned and minority-owned (SWaM) business program. The DSBSD SWaM Certification Division reviews initial and recertification applications. DSBSD certification eligibility determinations are based on existing circumstances at the time of application. The criteria are in the Commonwealth of Virginia Administration Code regulations: 7VAC13-20-40…. Read more »
