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Articles

Small Business Size Standards: Calculation Of Annual Average Receipts

12/10/2019 by Michael L. Sterling, Esq.

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 »

Mixed Economic News from the Construction Industry

11/25/2019 by George M. Nicholos, Esq.

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 »

Part 3: UNITED STATES DEPARTMENT OF AGRICULTURE PUBLISHES INTERIM FINAL RULE ON DOMESTIC HEMP PRODUCTION

11/12/2019 by Jonathan V. Gallo, Esq.

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 »

Part 2: United States Department of Agriculture Publishes Interim Final Rule on Domestic Hemp Production

11/11/2019 by Jonathan V. Gallo, Esq.

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 »

Part 1: United States Department of Agriculture Publishes Interim Final Rule on Domestic Hemp Production

11/08/2019 by Jonathan V. Gallo, Esq.

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 »

Preemptive Wordsmithing: Considering Future Alterations of Commercial Property at the Outset

11/07/2019 by Richard Crouch, Esq.

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 »

YOUR SWAM CERTIFICATION IS AT RISK

10/30/2019 by Michael L. Sterling, Esq.

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 »

Cyber Liability Insurance for Small to Medium Size Businesses – Are You Covered?

10/29/2019 by Jonathan V. Gallo, Esq.

Today, it seems hardly a month passes without a report of another business falling victim to a data breach. Over the past few years, some of the largest and well-known companies such as Equifax, Target, Home Depot, TJ Maxx, Anthem, Sony Pictures, and Uber, have been affected by data breaches. These companies have experienced significant… Read more »

Shopping Subcontractors After Using Bid That Resulted In Contract Award

10/28/2019 by Daniel Salmon, Esq.

Can contractors “shop” bids after obtaining and using them to obtain contract awards?  Generally speaking, the answer is yes under Virginia law.  However, the law varies in other jurisdictions.  While this may not seem necessarily fair, jurisdictional views vary. For example, Virginia holds that bids are a means by which the prospective subcontractor (SC) and… Read more »