National Origin Discrimination in the Workplace — Colorado

Information for Colorado Employers that Can Minimize Litigation National origin discrimination in the workplace, under Colorado discrimination laws, occurs when employers treat applicants or employees unfavorably because of factors such as ethnicity, national origin, accent, or even if the employer perceived them to be of a certain national original regardless of whether… Read more »

Government Contract Quantum Claims & Escalation in Construction Contracts

 When it comes to the recoverability of Government Contract cost escalation claims and damages, construction contractors or businesses involved in services can find themselves at odds when submitting quantum damages claims against the federal government. In response to the demand, the government might even argue on appeal that, as a matter of… Read more »

Government Contract Disputes Act CDA Certification Requirements

Contract Disputes Act (CDA), 41 USC 7101–7109 and certification requirements for government contract claims certification are a must when submitting contract claims against the government. All claims over $100K must have the proper certification. Failure to meet this requirement can cause legal headaches later in the process. For example, the Armed… Read more »

Requests for Equitable Adjustment Documentation

 Submitting your documentation of Requests for Equitable Adjustment (REA) also means having understanding of the statutory requirements. This can be critical to getting an approval from the federal government and getting paid. There is an enormous amount of information that should be included to validate your request. Failure to submit a legally sufficient… Read more »

Evaluating Subcontractor Past Performance Evaluation Criteria

When agencies evaluate your subcontractor proposal’s past performance, it must properly consider the Subcontractor Past Performance of your named teaming partners or subcontractors.  The government uses subcontractor performance evaluation critieria to establish a level of confidence when determining the best value. The government will look at the offeror’s success on performing recent… Read more »

Government’s Unlawful Termination of Contract for Default

 Government contractors may find themselves dealing with a unlawful termination of contract for default on a federal construction project. Although it is clear that something is wrong with the termination action, many construction companies are not familiar enough with the underlying regulations that govern terminations for default. Therefore, the decision whether or… Read more »

Federal Anti Kickback Act, Statute Penalties and Information

Under the Federal Anti Kickback Act individuals and companies are prohibited from offering, paying, soliciting or receiving kickback payments for items or services covered by federally funded programs. For example, medical physicians cannot compromise their judgment by improper financial incentives. In a recent Anti-kickback Act case on the DOJ Website, Cardiovascular… Read more »

Appeals in the Federal Debarment and Suspension System

When a government contractor is recommended for debarment, the first part of defending the action is to see whether the company falls within the intended purpose of the statute. The purpose of the Debarment and Suspension System is: To protect the public interest, the Federal Government ensures the integrity of Federal… Read more »

Defective Specifications & Construction Defect Contract Claims

When arguing or negotiating construction defect claims for defective specifications in federal government contract claims, companies must show that such defective specifications are not suitable for producing the required result. These are very fact specific situations that must be first introduced at the Agency level. Contractors often make the costly mistake of introducing new… Read more »