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 »

Responsibility Determinations & Business Ethics Bid Protests

Getting non responsibility determinations can cripple your chances of winning a federal government contract. For example, when you submit a government proposal, your past experiences can sometimes take a toll on whether you get the award. More specifically, when the agency issues a non responsibility determination under the FAR for past… Read more »

Acceptance of Late Proposal Exception In GAO Bid Protest Rules

When it comes to GAO acceptance of late proposal submission exception in bid protests, many contractors wonder what happens if their Request for Proposal (“RFP”) submission is late and if there are any exceptions that allow for relief.  While it is an offeror’s responsibility to deliver its proposal to the proper… Read more »

Rules on Request for Proposal (RFP) & Government Solicitation Amendments

When a government agency submits a request for proposal (“RFP”), the agency can make amendments and changes to the government solicitation requirements.  The Federal Acquisition Regulation permits agencies to request revised government proposals, even where the original awardee’s price has been disclosed.  Jackson Contractor Grp., B-402348.2 (2010).  Agency Discretion with… Read more »

Government Contracting FAR Change Order Construction Delay Claims

Federal government construction contractors often lose a considerable amount of money due when the contracting officer denies a claim under the FAR Change Order Clause. The first concern is to know whether your claim is actually a compensable claim or not.  Not all excusable delays will be compensated. By properly… Read more »

ASBCA Rules – Jurisdiction and Contractor Claims

Making sure that your government contract claim appeal is, and can be, heard by the proper body is critical.  If you file an appeal that cannot be heard, you are simply wasting time and money.  It is essential to make sure that ASBCA rules about jurisdiction and other statutory requirements… Read more »

US Export Administration Regulations EAR Compliance and Export Penalties

Avoid Costly Mistakes With US Export Administration Act, EAR Compliance and Penalties If you are cited for violating the US Export Control  and commerce regulations, 15 CFR 730-774 (2007) (EAR), you can face both criminal and administrative penalties.  United States Export Administration Regulations are focused on keeping dangerous goods out of the… Read more »

Contractor Defense to Procurement Fraud Under the False Claims Act

One of the most reviewed cases of a federal contractor defense to procurement fraud was Daewoo Eng’g & Constr.Co. v. United States, 73 Fed. Cl. 547, 597 (2006) where the Court of  Federal Claims held that Daewoo had committed fraud.   The court awarded the government $10,000 for Daewoo’s False Claims Act… Read more »

PPIRS Past Performance Information Retrieval System

Government Past Performance evaluation and Past Performance Information Retrieval System  PPIRS reports often decide who will win and who will lose a contract. When submitting a government contract proposal, a common mistake made by companies is not including sufficient information. Since the Past Performance Information Retrieval System collects contractor performance evaluation data after the… Read more »