Being subject to the Federal Prompt Payment Act, 31 USC 3901-3905 (the “PPA” or “Act”) for government construction projects puts business owners in a financial strain when the government does not pay invoices on time. The Act was enacted to facilitate early payment to contractors when work is timely performed… Read more »
Analyzing what is a voidable contract is sometimes confusing even sophisticated parties. For example, many recent construction cases involved instances where the contract between the contractor and the government was held by the ASBCA to be a voidable contract given various mistakes made by the contractor. It is important for… Read more »
Procurement suspension and debarment of government contractors come into play when you do not comply with the terms and conditions of your contract. Not all companies understand what has to be done to overcome agency referrals for suspension or debarment or how to meet the preponderance of the evidence standard… Read more »
Adverse contractor past performance evaluation in a GAO bid protest is a common problem for bidders. Sometimes there is a question about how the government contracting office evaluated your past performance and whether it complied with the stated evaluation criteria. There are a few things to keep in mind: First, although you… Read more »
GAO bid protest disputes often include challenges to the awardees technical proposals for existence and material solicitation requirements of key personnel. When you have to changes to the proposal after submission, you should always notify the agency of such changes. Do not simply let the evaluation process continue. For example,… Read more »
Although it is relatively easy to qualify, small businesses often find themselves in adverse situations when a competitor challenges their SBA NAICS size standards under 13 CFR Part 121 for certain industries. When an SBA bid protest is filed, the SBA then conducts an investigation and then makes a formal… Read more »
Contractors that are a party to federal and DOD contracts can assert claims against the federal government. However, there are certain legal requirements to keep the claim intact. Defects in your claims submission can delay or sometimes even completely void the claim. Also, improperly submitted claims can prevent an appellate… Read more »
A recent SBA procurement fraud schemes and corruption case resulted in four retired and one active-duty Army National Guard official pleading guilty to their role in procurement fraud crimes under the SBA 8(a) Program. The result and consequences of procurement fraud and corruption ended in the award of millions of dollars… Read more »
On December 9, 2014, the Civilian Board of Contract Appeals (“CBCA”) ruled in favor of contractor Kiewit-Turner, after a finding of material breach of contract on the part of the government, allowing Kiewit-Turner to stop work on a VA Hospital being constructed in Aurora, Colorado, which was supposed to be completed in May… Read more »
When evaluating a government proposal, the agency almost always uses a best value procurement RFP evaluation process for negotiated procurements. This concept comes into play when the Agency ultimately looks at the competing proposals and makes a subjective determination as to which proposal best suits the government’s needs. When you submit a… Read more »