One of the most reviewed cases of a federal contractor defense to procurement fraud was Daewoo Eng’g & Constr.Co. v. United States, 73 Fed. Cl. 547, 597 (2006) where the Court of Federal Claims held that Daewoo had committed fraud under the Federal False Claims Act (FCA). The court awarded… Read more »
Government Past Performance evaluation and Past Performance Information Retrieval System PPIRS reports often decide who will win and who will lose a contract. When submitting a government contract proposal, a common mistake made by companies is not including sufficient information. Since the Past Performance Information Retrieval System collects contractor performance evaluation data after the… Read more »
When faced with termination for default appeals, courts deciding government contract cases understand that a default termination is “a drastic sanction which should be imposed … only for good grounds and on solid evidence.” This was the decision on J.D.Hedin Construction Co. v. United States, 408 F.2d 424, 431 (Ct. Cl. 1969)…. Read more »
Small Business Administration and SBA affiliation rules regarding identity of interest challenges can be complex and confusing when litigating in a small business size protest case. Governed under 13 CFR 121.103, affiliation in federal procurement and SBA regulations can be found under a variety of circumstances. For example, a major… Read more »
The purpose of the proposal evaluation component of your government RFP is to allow the agency to evaluate fairly your proposal based upon stated solicitation requirements. The second most important reason is to make sure that taxpayers’ money is spent wisely. Procurement law requires that the agency makes sure that… Read more »
When trying to get the benefit of the SBA Mentor Protege Program, there is a Joint Venture affiliation exception that you must be extremely careful about. SBA rules that require 8a companies to get prior approval. This requirement poses substantial problems for small businesses relying on the SBA to approve a… Read more »
A proposal risk not commonly considered in government contracts is how to avoid price increase claims. While contractors may assume that any unexpected cost increase during performance will be absorbed by the government, this is not always the case. In fact, a common mistake made by contractors during bid submission… Read more »
Failure to Follow SBA Mentor Protege Program Joint Venture Rules 13 CFR 124.513, 13 CFR 125.8 and 13 CFR 125.9 Can Cost You the Contract. Get Help Positioning Your Company for GSA’s OASIS UNRESTRICTED Contract Program. The Small Business Administration 8a SBA Mentor Protégé Program Joint Venture rules have significant… Read more »
Theodore P. Watson, Esq. ( Federal FAR. Novation of Contract Law Lawyer) Are you a federal government contractor who needs help navigating the complex process of novating contracts? Or maybe you’re a business owner facing the daunting task of novating contracts during a purchase or sale. Whatever your situation, we’re… Read more »
DOD small business agreements and contracts, especially teaming agreement contracts, are commonplace in today’s federal marketplace. Government DOD contracts get larger and more complex. Small companies cannot keep up with the increased resources that it takes to bid for and perform more major federal contracts. As a result, small businesses seek out other… Read more »