The FAR Disputes Clause in government contracts is incorporated into your contract, FAR 52.233-1, implements the Contract Disputes Act (CDA) FAR certification requirement and prescribes limited government claims CDA certification language when you submit a contract claim against the federal government. When you submit a contract claim against the federal government, the… Read more »
Theodore P. Watson, Esq. Knowing CPARS Ratings and rules to challenge them can save thousands of dollars in attorney fees. The process for challenging your CPARS ratings must be correctly done and through the right channels. You cannot wait until you submit a government bid to then respond to adverse… Read more »
Does Your Teaming Agreement Avoid the SBA Affiliation Definition? You Can be Exposed to Criminal Liability If DOJ Investigates You. Some SBA affiliation rules and decisions can surprise you. If you are the awardee you want to be able to offer sound legal arguments why the protestor’s allegations of affiliation… Read more »
There has been recent litigation as to the small business VA rule of two small business set aside rules and agency assessments before using the FSS Schedule. This can be a problem especially when filing a government contract bid protest at GAO or Court of Federal Claims under FAR 19.502-2 or other VA… Read more »
Often times, small businesses enter into family relationships that can impact the SBA Size standards application. When competitors challenge a government contract award in an SBA size protest, the analysis will usually be conducted under an Identity of Interest and family relationship basis. Companies that do not understand these rules can find… Read more »
Many government contractors often try but fail to successfully argue on appeal that the Government agency acted in an arbitrary and capricious manner when evaluating and deciding which company gets the contract award. When litigating a bid protest, it is critical to first understand what the arbitrary and capricious definition is… Read more »
During the performance of a federal project, a government contractor release of contract claims statement under FAR. requirements can blindside contractors. In good faith, they believe that once the agency gets the benefit of services they will be paid. Cases show that is simply not true. What is a release of… Read more »
Overcoming the SBA’s 8a certification eligibility requirements is a way for small businesses to increase their ability to obtain federal government contracts. Being 8a certified opens many doors for you and your business. However, it is crucial to make sure that 8a application meets all of the requires. Common mistakes… Read more »
Bid and proposal costs can be expensive. Many contractors wonder whether they can recover bid and proposal cost incurred while preparing to submit their bid. The answer is sometimes. Many companies fail because they do not fully understand the legal requirements. It often depends on whether or not there was a… Read more »
Meeting SBA size protest timeliness requirements can be a problem when you are not sure when the clock actually starts. More importantly, filing an untimely size protest can eliminate your opportunity for a second chance at a government project. In many situations, because there is confusion about when the… Read more »