ASBCA Rules & Appeal Jurisdiction for Contractual 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 »

Government Contract Fraud Defenses and False Claims Act

Government contract fraud litigation has escalated over the past few years due to the increased government oversight. A particular target of federal procurement law is the federal False Claims Act. 28 USC 2514. To prevail under section 2514, the government must “establish by clear and convincing evidence that the contractor knew… Read more »

FAR Organizational Conflict of Interest

Hiring of Former Government Officials: If your company hires a former government official, it can be disqualified from a competition based upon the appearance of impropriety which is created by the hire. There is no requirement for an actual impropriety to be shown in an OCI bid protest. If for some reason… Read more »

FAR Protest Difference in FAR 15 Discussions and Clarifications

FAR Protest Difference in FAR 15 Discussions and Clarifications

When filing a GAO protest for contracting by negotiation there is a difference between FAR 15 discussions and clarifications. A successful bid protest can hinge upon your thorough understanding of the subtle differences. As its defense, the government will sometimes try to characterize a situation that would legally require meaningful discussions as… Read more »

Construction Claims Appeal & Contracting Officer Final Decision

Avoid Getting Your Case Dismissed on Appeal. A contracting officer’s final decision in federal government contracting carries a lot of weight. For example,  a federal contracting officer is the final authority for approving or denying claims or requests for equitable adjustments.  Contractors and non-government contracting attorneys often make costly mistakes… Read more »

Anti Kickback Statute Penalties

Anti Kickback Statute Resolving Challenges of Fraud and Penalties Government contractors or health care agencies accused of violating the Anti Kickback Statute or fraud can be in for some huge fines if a court rules against them. Having sound internal practices and a thorough understanding of the applicable laws can greatly… Read more »