This decision shows that legal issues when submitting an equitable adjustment can be a nightmare and cause the company to lose out of thousands of dollars. In a recent case, the Armed Services Board of Contract Appeals (ASBCA) ruled that it had no jurisdiction to hear an equitable adjustment case… Read more »
When appealing a case to the United States Court of Appeals for the Federal Circuit, the party appealing the case, usually from the Court of Federal Claims must be able to show that the Federal Circuit even has jurisdiction to hear the case. The standard of review must be established… Read more »
Import Points With FAR Latent Defects in Construction Federal Contracts The FAR 52.246 latent defect definition in federal government contracting is a hidden defect in the purchased material or the quality of the services (including construction) and worked performed. Latent defects in construction government construction projects for remedial work are common. A… Read more »
To effectively respond to, or negotiate the government’s suspension or debarment actions under FAR 9.4, it is important for contractors to understand the underlying legal and policy principles. Without understanding the reasons for the rule, a contractor will almost always fail to the target the right issues to discuss when… Read more »
Becoming a bid protest intervenor is usually pretty simple. However, there are many cases where government contractors believed that the would become a bid protest intervenor but quickly found out that they were really not an interested party with legal standing to intervene in the protest. Many contractors attempt to… Read more »
HUBZone Definition The HUBZone Program (Historically Underutilized Business Zone) is a United States Small Business Administration (SBA) program that provides some level of government contracting preferences for small company owners that operate their principle place of business in a designated consensus track and also provide jobs to employees who live in… Read more »
The Federal Circuit Court of Appeals decided a bid protest case where the issue was whether the agency properly referred the offeror’s technical responsibility decision to the Small Business Administration for a COC Certificate of Competency review. This has become a common dispute in bid protest appeal cases. As a… Read more »
The U.S. Court of Appeals for the Federal Circuit in a recent case decided the issue of agency corrective action and how it impacts the pre-award decision and post-award decision process. In this case, the appellant appealed the Court of Federal Claim’s decision that the United States Transportation Command decision to… Read more »
The Government Certificate of Competency (SBA COC) Program is regulated by the Small Business Act (15 U.S.C. 637(b)(7)). After review of the contracting agency’s referral, the SBA issues a written decision to the contracting officer either certifying or not, that one or more of the small businesses are responsible and meet… Read more »
Avoid Costly Mistakes When Submitting 8(a) Joint Venture Past Performance GAO protests continue to surface because of improper past performance evaluation of proposals. In a recent case, GAO sustained a protest because NASA considered the awardee’s past performance. There was no record of actual performance. The problem was that the solicitation stated that NASA would not… Read more »