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GAO Sustains Protest for Agency’s Improper Cost Adjustment

GAO Sustains Protest for Agency’s Improper Cost Adjustment

Daniel Salmon
The Government Accountability Office (“GAO”) recently sustained a protest in the matter of Vectrus Mission Solutions Corporation; Vanquish Worldwide, LLC where an agency improperly adjusted an offeror’s proposal price upward when the offeror expressly had agreed to absorb any costs above a cap in its proposal.  The GAO’s decision provides insight into cost realism evaluations ...
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New ERISA Guidance on Retirement Plan Cybersecurity

Robert N. Saffelle
The Department of Labor (DOL) has just issued first-time retirement plan guidance to address cybersecurity risks for employers, plan fiduciaries, recordkeepers and plan participants.  The guidance is in the form of recommended best practices to protect retirement benefits by providing strong cybersecurity practices for employers and plan service providers and online security tips for participants ...
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Virginia's New Data Privacy Law

Virginia’s New Data Privacy Law

Technology Roundup
Jonathan V. Gallo
This vlog discusses the Consumer Data Protection Act, Virginia’s New Data Privacy Law, entity exclusions, businesses' responsibilities, rights of consumers, and enforcement ...
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In Split Decision, Federal Circuit Affirms Agency Exclusion of Proposals

In Split Decision, Federal Circuit Affirms Agency Exclusion of Proposals

Daniel Salmon
In U.S. Government procurements, most solicitations specify that noncompliance with its terms and conditions may cause a proposal to be determined unacceptable or be deemed non-responsive and excluded from consideration.  However, in some cases, the agency may alter the terms and conditions through pre-award discussions.  In Safeguard Base Operations v. United States, the Federal Circuit ...
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GAO Sustains Protest Due to Unreasonable Agency Evaluation

GAO Sustains Protest Due to Unreasonable Agency Evaluation

Daniel Salmon
The Government Accountability Office (“GAO”) recently sustained a protest in the matter of TekSynap Corporation for the agency’s failure to reasonably evaluate proposals.  While the decision is not a novel area of law, it does provide contractors insight into what facts can be sufficient for the GAO to find that an agency conducted an unreasonable ...
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11 tips to survive your freshman year as an associate

11 tips to survive your freshman year as an associate

Litigation
Jennifer L. Eaton, Dustin M. Paul
Article published by the ABA Journal on April 8, 2021 ...
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East Meets West: Virginia Follows California's Example with Comprehensive Consumer Data Protection Legislation

East Meets West: Virginia Follows California’s Example with Comprehensive Consumer Data Protection Legislation

Jonathan V. Gallo
Article published in Virginia Lawyer | April 2021 | VOL. 69 | The Construction Law and Public Contracts Issue | Page 45 ...
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Extraordinary Times Call for Extraordinary Force Majeure Clauses

Extraordinary Times Call for Extraordinary Force Majeure Clauses

Litigation
Jennifer L. Eaton
Article published in Virginia Lawyer | April 2021 | VOL. 69 | The Construction Law and Public Contracts Issue | Page 14-17 ...
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Governor Northam’s Proposed Changes to Marijuana Legislation Would Legalize Simple Possession by July 1, 2021

Governor Northam’s Proposed Changes to Marijuana Legislation Would Legalize Simple Possession by July 1, 2021

Jonathan V. Gallo
[LEGAL ALERT UPDATE]   On Wednesday, both houses of the Virginia General Assembly concurred in Governor Northam’s proposed amendments to recent marijuana legislation. These amendments allow adults 21 years of age and older to legally possess up to one ounce of marijuana beginning July 1st of this year. Once Governor Northam signs the amended version, ...
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Ownership and Use of Architectural Plans and Drawings

Ownership and Use of Architectural Plans and Drawings

Jane D. Tucker
Who has the right to use architectural plans and drawings prepared by an architect for a specific project?  What happens if the project on which the architect was working and the architect both leave one firm and move to another firm?  What happens if one architect is retained to prepare preliminary plans and then another ...
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The ARPA Extends and Expands the FFCRA Paid Leave and Tax Credit for Employers Who Opt To Use It

The ARPA Extends and Expands the FFCRA Paid Leave and Tax Credit for Employers Who Opt To Use It

Anne G. Bibeau
Buried in the American Rescue Plan Act (ARPA), the massive COVID relief bill signed into law on March 11, 2021, is a provision allowing employers to continue to provide, voluntarily, Families First Coronavirus Response Act (FFCRA) paid leave and claim the corresponding tax credits through September 30, 2021. As the FFCRA expired on December 31, ...
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2021 Special Session Imposes New Obligations on Employers Under the Virginia Human Rights Act

2021 Special Session Imposes New Obligations on Employers Under the Virginia Human Rights Act

Labor & Employment
Gaela R. Normile
The 2021 Virginia General Assembly Special Session wrapped up earlier this month with a number of changes that will impact employers. Among the bills that have been signed into law is HB 1848, which amends the Virginia Human Rights Act (“VHRA”). The new law implements two main changes to the VHRA: (1) including discrimination on ...
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New Guidance Clarifies COVID-19 Employee Benefit Deadline Extensions

New Guidance Clarifies COVID-19 Employee Benefit Deadline Extensions

Robert N. Saffelle
Last year the IRS and Department of Labor (DOL) extended various ERISA and COBRA deadlines for employee benefit plan participants affected by COVID-19.  The extended deadlines included: The timeframe to elect COBRA continued health coverage; The deadline for making COBRA premium payments; Requests for special enrollment in a group health plan under HIPAA; The deadline ...
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Spring Cleaning For Virginia Community Associations Top 10 Policies and Procedures

Spring Cleaning For Virginia Community Associations Top 10 Policies and Procedures

Kathleen Panagis
The pandemic that took hold in 2020 created uncertainty and required community associations to adapt to new norms and its policies and procedures.  The country looked forward to a new year with new hope.  A new year usually brings resolutions.  With Spring around the corner and the vaccine rollout providing a light at the end ...
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In Uninteresting Result, Federal Circuit Leaves Offeror Standing Outside the Courtroom

In Uninteresting Result, Federal Circuit Leaves Offeror Standing Outside the Courtroom

Daniel Salmon
In order to bring an action in any United States tribunal, a party must have “standing.”  “The doctrine [of standing] limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress for a legal wrong.”  Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1547 (2016).  To establish constitutional standing a ...
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Sit, Stay, And Learn: Assistance Animal And Virginia Common Interest Communities

Sit, Stay, And Learn: Assistance Animal And Virginia Common Interest Communities

Kathleen Panagis
Virginia common interest communities (property owners’ associations, condominium associations, cooperatives, and time-shares (individually, “CIC”, and collectively, “CICs”)), are subject to the federal Fair Housing Amendments Act of 1988 (“FHA”) and the Virginia Fair Housing Law (“VFHL”) ...
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“I Demand a Jury”: No Turning Back

“I Demand a Jury”: No Turning Back

Litigation
Daniel L. Stephens
At the beginning of most cases filed in state court, litigants must make up their mind whether they want to exercise their right to a jury trial.  This decision requires consideration of multiple factors such as: What kind of case is it?  Are the issues complex?  Is a jury likely to find one side or ...
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marijuana law

Marijuana Legalization in Virginia: It’s Almost 4:20

Anne G. Bibeau, Jonathan V. Gallo
After almost six years of tiptoeing around medical cannabis and decriminalization, Virginia appears poised to take the plunge into legalization of the recreational use of marijuana. On February 5, 2021, the General Assembly passed two bills that would legalize the recreational use of marijuana and is currently working to reconcile the differences between those bills. As Governor Northam supports legalization, it appears that there is ...
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Federal Circuit Holds CICA Stay Clock Begins at Time of Debriefing When  Disappointed Offeror does not Avail Itself of Right to Ask Additional Questions

Federal Circuit Holds CICA Stay Clock Begins at Time of Debriefing When Disappointed Offeror does not Avail Itself of Right to Ask Additional Questions

Daniel Salmon
No questions, no stay. The United States Court of Appeals for the Federal Circuit recently ruled on the interplay of debriefings and automatic stays.[1]  In NIKA Technologies v. United States, the Federal Circuit reversed a Court of Federal Claims (“COFC”) decision requiring an automatic stay of contract performance pursuant to the Competition in Contract Act ...
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OSHA Issues COVID Guidance

OSHA Issues COVID Guidance

Daniel Salmon
The federal Occupational Safety and Health Administration (“OSHA”) recently released Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (“OSHA Guidance”). The OSHA Guidance is similar to the Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (“Virginia Standard”) recently approved by the Virginia Occupational Safety and ...
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