Effective June 30, 2016, the Small Business Administration (SBA subcontracting) changed some of the key points in the limitations on subcontracting clauses for small business set-aside contracts. Failure to properly assess compliance could potentially cost you the contract in a bid protest or even cause your company to be subject… Read more »
This decision shows that legal issues when submitting an equitable adjustment can be a nightmare and cause the company to lose out of thousands of dollars. In a recent case, the Armed Services Board of Contract Appeals (ASBCA) ruled that it had no appellate jurisdiction to hear an equitable adjustment… Read more »
If You Do Not Correctly Apply the CAFC Federal Circuit Rules and Standard of Review in Bid Protest Appellate Cases, Your Case Will Fall Through the Cracks. When appealing a case to the United States Court of Appeals for the Federal Circuit (CAFC), the party appealing the case, usually from… Read more »
Import Points With FAR Latent Defects in Construction Federal Contracts The FAR 52.246 latent defect definition in federal government contracting is a hidden defect in the purchased material or the quality of the services (including construction) and worked performed. Latent defects in construction government construction projects for remedial work are common. A… Read more »
To effectively respond to, or negotiate the government’s suspension or debarment actions under FAR 9.4, it is important for contractors to understand the underlying legal and policy principles when doing business with the government. Without understanding the reasons for the rule, a contractor will almost always fail to target the… Read more »
When the government issues a termination of contract for default for default, preserving your rights to appeal is one of the first things that a federal contractor must consider. What are your options? If you want to termination of contract decision to be completely overturned, you may want to ask… Read more »
Lawyers Appealing from COFC Federal Claims Protest Decisions to the Court of Appeals for the Federal Circuit In a recent case, the United States Court of Appeals for the Federal Circuit reversed a bid protest decision from the Court of Federal Claims because the appellant had failed to first exhaust… Read more »
Even as late as 2016, government contractors are still making costly mistakes when preparing and submitting contract claims against the government. Making sure that your claim contains the right information, and the required certification and gives the contracting officer reasonable notice of what you want and why, is critical to… Read more »
Choosing the right forum and framing your appeals case correctly can save you thousands in unnecessary litigation costs. When a contracting officer denies a claim under the Contract Disputes Act, filing an appeal to the Civilian Board of Contract Appeals (CBCA) would be the next step. Not all claims appeal cases against… Read more »
When submitting contractor claims to the federal government, businesses should be aware of the Contracting Officer authority to issue a final decision. 48 CFR 1.603 suggests that although the CO is appointed on a Standard Form 1402. Any limitations on the Contracting Officer authority must be stated on the form… Read more »