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Federal Government Contracts & Business Law Blog

In federal government contracting, there is a substantial amount of Federal Government Contracts & Business Law Blogcomplex regulations and guidelines that contractors must follow when bidding on federal contract opportunities, dealing with small business contracts and during the performance stage. When operating a business, there are also several best practices that can help owners to operate profitably while minimizing costly mistakes. This site is available for readers to understand the legal issues that can arise in government contracts and business operations. This government contracts blog provides information related to GAO bid protests, Government construction, contract disputes and contract claims appeal, government contract protest and bidding issues, government proposal writing tips, Colorado business law matters and more.

We litigate government contract bid protest cases, CDA Claims, Terminations, Business formation, breach of contract disputes, employment law and more.

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Latest Articles

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15 Jan

Meeting Protest Temporary Restraining Order TRO Injunction Requirements at Court of Federal Claims

When filing a motion for temporary restraining order (TRO) at the Court of Federal Claims (COFC), government contractors should be aware of the requirements. The Court looks at these motions for TRO injunction pretty seriously. COFC reviews a TRO motion for injunctive relief as an “extraordinary and drastic remedy, one that should not be granted […]

16 Dec

US Federal Circuit Court of Appeals Decides No Privity of Contract

In a recent case, the US Court of Appeals for the Federal Circuit dismissed a case in part because the Plaintiff could not show privity of contract with the federal government. This is a costly mistake that companies should be aware of when they contemplate filing any type of case related to a federal government […]

14 Dec

Quantum Meruit

Brutal Government Contractor Mistake Cause Lost Appeal For Quantum Meruit at COFC. Government contractors often make the costly mistake of performing out of scope work without the expressed written permission of the contracting officer. A recent case at the Court of Federal Claims showed the example of a company that potentially lost hundreds of thousands […]

14 Dec

SEC Penalizes Company For Foreign Corrupt Practices Act Violations

Companies that engage with government contracts overseas should be well aware of the harsh penalties associated with the Foreign Corrupt Practices Act violations (FCPA). In a recent case, GlaxoSmithKline (GSK) agreed to pay a  $20 Million Penalty to Settle FCPA Violations in  September 30, 2016. The Security Exchange Commission (SEC)  investigation found that the GSK  involved […]

14 Dec

How Does New SBA Similarly Situated Joint Venture Rules Impact Affiliation?

Avoid Costly Mistakes Under the New Joint Venture Rule The new SBA joint venture agreement regulations primarily focus on broadening the exclusion from affiliation for small business size status. See 13 CFR 121.103(h). Specifically, the new rule allows two or more small businesses to joint venture for any procurement without being affiliated with regard to the […]

14 Dec

Similarly Situated Small Businesses and Limitation on Subcontracting Rule

Many small businesses will be faced with dissecting the most recent SBA Rule governing the Limitation on Subcontracting Rule. Predictably,  much litigation will be based upon whether a small business is similarly situated or not. This will be a new issue that many small businesses across the country should investigate earlier that later. As stated […]

06 Dec

Incumbent Protest Fails at GAO Allegation of Agency Flawed Technical Evaluation Fails

In a recent case, GAO denied a bid protest filed by CACI Technologies, Inc., of Chantilly, Virginia which challenged the technical evaluation of an award of a task order issued by Department of the Army, Intelligence and Security Command (INSCOM) to DynCorp International, LLC. The were previous protests for this procurement. The agency essentially took […]

26 Nov

Tips for Agency Past Performance Evaluation Assessments

 A common question arises when government contractors file a bid protest that challenges the agency’s past performance evaluation. Can the agency still give the awardee a higher performance rating when its CPAR ratings show that it had an unsatisfactory rating on one of its projects? It depends upon the documentation of the agency during the proposal […]

19 Nov

Limitation on Subcontracting – SBA Changes for Contractor Plans and Payment Amounts

Effective June 30, 2016, the Small Business Administration (SBA) changed some of the key points in the limitation on subcontracting clauses for small business set-aside contracts.  Instead of the old “50 percent rule” the calculation for a subcontractor plan would be based on a percentage cap on the total prime contract cost instead of the […]

16 Nov

Contractor Responsibility Determination

Recently, many federal bidders have experienced an adverse contractor responsibility when the agency evaluates their proposal. Challenging the agency’s nonresponsibility determination can be tricky in a bid protest. The core issue of contention occurs when the contracting officer issues a negative determination of responsibility because the proposal was technically unacceptable. Proposal mistakes: The heart of […]

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