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 »
Lawyers Appealing from COFC Federal Claims Protest Decisions to the Court of Appeals for the Federal Circuit In a recent case, the United States Court of Appeals for the Federal Circuit reversed a bid protest decision from the Court of Federal Claims because the appellant had failed to first exhaust… Read more »
Choosing the right forum and framing your appeals case correctly can save you thousands in unnecessary litigation costs. When a contracting officer denies a claim under the Contract Disputes Act, filing an appeal to the Civilian Board of Contract Appeals (CBCA) would be the next step. Not all claims appeal cases against… Read more »
Avoid Costly Legal Mistakes When Drafting Your Colorado Limited Liability Company Operating Agreement What is an Limited Liability Company Operating Agreement? A limited liability company operating agreement helps business owners to form the company with documentation about the business relationships between the partners. Without it, many business owners find themselves… Read more »
An excusable delays in construction federal contracting relates to an unforeseeable delay and those that go beyond the contractor’s control. On the other hand a contract delay that is considered non- excusable is in fact foreseeable. The difference drives whether the contractor or the government must bear the risk. Other… Read more »
The Federal Debarment Policy for government contractors require that businesses or subcontractors that are suspended or debarred will not be allowed will not use funds from federal grants, fellowship, cooperative agreements, scholarships, bid on federal contracts or even apply for loans to purchase goods and services. In short, federal debarment policy… 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 »
Theodore P. Watson, Esq. Knowing CPAR 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 »
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 »
How to Avoid Costly Mistakes With an IDIQ Contract and Dealing With the Government Minimum Payment Guarantee The United States federal government and its procurement agencies use a variety of IDIQ contract vehicles to procure services and products. One typical example is the indefinite-delivery / indefinite-quantity IDIQ contract vehicle. By… Read more »