Author Archives: Rick Goldstein

Pick Your Poison: Drafting an Enforceable Forum Selection Clause in the Fourth Circuit

ISTOCK.COM/SANFEL By A. Michelle West of Smith, Currie & Hancock LLP Parties can expect federal courts to scrutinize forum selection clauses in federal public contracts. Subject to multifactor reasonability tests and ambiguity inquiries, only the clearest clauses survive. A North Carolina federal district court declined to enforce a forum selection clause that sought to lay venue outside the state of ...

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SBA Streamlines Affiliate Determinations for Loan Programming

ISTOCK.COM/FILMFOTO By Michael C. Zisa and Abby B. Salinas of Peckar & Abramson, P.C. Effective May 11, 2023, the Small Business Administration (SBA) is amending various regulations governing its Capital Access loan programs, which were created to bridge the financing gap in private markets to help small businesses start and grow. Among these changes, the SBA is simplifying criteria for determining affiliation ...

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GAO Sustains Protest Where Awardee’s Proposal Allegedly Misrepresented Availability of Key Person

ISTOCK.COM/DZMITRY SKAZAU By Ross L. Crown of Lewis Roca The Government Accountability Office recently returned to the subject of the unavailability of key personnel listed in contract proposals. ASRC Federal Data Solutions, B-421008, December 2, 2022, 2022 CPD, ¶ 294, is a bid protest where the awardee of the contract was found to have misrepresented its capacity to furnish a key person ...

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New EJCDC CM At-Risk Documents Help Address Increased Prices and Lengthened Project Schedules

ISTOCK.COM/MILEPOST430MEDIA EJCDC’s new Construction Manager At-Risk documents enable owners and contractors to take advantage of the benefits of the CM At-Risk project delivery method. Construction delivery systems have been evolving for decades as owners and contractors continue to search for ways to increase efficiency and reduce costs on their projects. One strategy that has been gaining in popularity with both ...

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