Gender Bias in SBA 8a BD Small Business Programs Certification

SBA Does Make Mistakes When Evaluating Gender Bias for 8a BD Small Business Programs To gain entry into the 8a Program, a program designed to help small disadvantaged businesses and SBA Minority Owned Business owners compete in the marketplace, the business entity must be unconditionally owned and controlled by one or… Read more »

Spent Nuclear Fuel: Government Partial Breach of Contract

Partial breach of contract occurs in many government contracts involving disposition of nuclear waste, particularly spent nuclear fuel.  Spent nuclear fuel (“SNF”) is “nuclear reactor fuel that has been used to the extent that it can no longer effectively sustain a chain reaction.”  These contracts involve the utility contractor purchasing… Read more »

Common Law Right of Set off in Government Contracts

The government has a federal common law right of set off costs, also referred to as offset, to balance mutual debts and it can be used as a defense against a contractor to better reconcile competing claims.  It is important to understand, as a contractor, when the government may be able… Read more »

Contractor & Government Sanctions Imposed by ASBCA or CBCA Boards

A board of contract appeal has the authority to impose sanctions, including government sanctions, on parties for unacceptable behavior.  While boards do not have the authority to impose monetary sanctions, federal courts, such as the Court of Federal Claims, can.  When a board imposes either contractor or government sanctions, the sanction… Read more »

SBA Affiliation Common Management & Identity of Interest

Common management and identity of interest involve complex  SBA affiliation regulations, that if violated can impact your ability to bid on future government contracts. Issues commonly arise in size protests or during the initial 8a certification application process.  The following are pointers derived from the SBA. A basic understanding can help you avoid costly… Read more »

Federal Unilateral and Mutual Mistake Contract Disputes

Contractors can claim mistake of fact in bid claims against the federal government.  When arguing that there was a mistake in bid, a contractor can either raise a mutual mistake of fact (both contractor and government made a mistake in drafting the agreement) or unilateral mistake of fact (contractor mistake)… Read more »

Superior Knowledge Doctrine: Government Breach of Contract

Contractors often have questions on the types of claims available to them.  One claim contractors can assert when trying to recover government breach of contract damages is a superior knowledge claim.  The superior knowledge doctrine is based on the idea that where the government had knowledge of information that would affect… Read more »