Filing or Intervening SBA Small Business Size Protests

Oftentimes government contractors may want to file SBA size standards protest because they have reason to believe that the awardee does not meet the definition of a small business. However, given the short deadlines, companies have a difficult time explaining why the competitor is not a small business. This procedural requirement that… Read more »

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 »

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 »

SBA Joint Venture Advantages and Disadvantages

Although the SBA has new rules addressing joint venture agreements and affiliation, if you have an JV agreement that does not meet the regulatory requirements, your company can still be affiliated and lose the contract. In federal government contracting, there are many advantages for entering into a joint venture agreement (JV). However, there… Read more »

Termination for Default Re procurement Costs

When the federal government awards a contract, the Termination for Default Clause acts to the agency’s advantage in the end.When contractors attempt the appeal the agency’s default action, there are specific rules you must be aware of. One of them is paying damages to the government for Termination for Default reprocurement costs and… Read more »

FAR Cost Accounting Standards CAS Exemptions

Many government contracts are subject to cost accounting standards (“CAS ”).  The nineteen CAS standards “govern the allocation of costs among the various contracts being performed by a government contractor.”  While many contracts are subject to CAS, many are not. As a government contractor, it is crucial to know whether… Read more »

Federal Construction Out of Scope Work Changes & Constructive Changes

In government construction contracting, a general contractor often litigates contract disputes about construction scope of work changes but often finds after thousands in litigation costs, that it has either failed to follow FAR procedure or took a substandard technical approach to getting paid.  For large federal projects, the risk of losing… Read more »

Equitable Subrogation and Miller Act Claims

When filing claims against the government, under the theory of equitable subrogation, there are some tricky rules of law in place. For example, in a recent Court of Federal Claims case, Fidelity and Guaranty Insurance Underwriters, et al. v. United States, No. 14-84 C (Nov. 19, 2014), the court ruled that under… Read more »

Advantages of a Partnership

When you consider the advantages of a partnership, a business can actually gain a stronger footing in overall business operations. Although the decision to form a business partnership has its pros and cons, the result can be a great benefit. The common fear for all start-up businesses is whether the… Read more »