In the recent case of SBA Size Appeal of Medical Comfort Systems, Inc., and B&B Medical Services, Inc., SBA No. SIZ-5640 (2015), OHA found that the Area Office correctly determined that common management and past affiliation between firms had ended well before the date for determining size and that identity of interest… Read more »
The government’s right to terminate a contract for default carries the underlying principle that a default termination is a drastic sanction which should be imposed or sustained only for good grounds and solid evidence. When appealing the contracting officer’s decision, contractors should make sure that they have sound documentation of… Read more »
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 »
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 »
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 »
When agencies evaluate your subcontractor proposal’s past performance, it must properly consider the Subcontractor’s 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 and… Read more »
Government contractors may find themselves dealing with a wrongful termination of construction contract for default on a federal construction project. Although it is clear that something is wrong with the government’s termination action, many construction companies are not familiar enough with the underlying regulations that govern terminations for default. Therefore, the… Read more »
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 »
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 »
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 »