Native American contracting still has its ups and downs. SBA OHA is still faced with subcontractor affiliation appeals despite what some may consider easy to understand rules under 13 CFR 121.103. As recently as April 2017, the Small Business Administration (SBA) found Olgoonik Diversified Services, LLC to be affiliated due… Read more »
You Can Lose Your Case on Appeal If You Don’t Understand the Difference Between the Requirement of an Expressed Contract vs Implied Contracts When filing a government contract claim based upon breach of express contract terms, there is a specific legal analysis that the courts use to validate such claims. When… Read more »
Prime contractors on a federal construction contract can find themselves in serious jeopardy when the completion of the project is delayed. This is when the government exercises its rights under the FAR liquidated damages clause in the contract. Understanding the ins and outs of how the liquidated damages clause in… Read more »
Avoid Losing Government Contracts in SBA Size Protests, Or Criminal Liability for Violating SBA Affiliation & PPP Loan Rules. SBA Small Business Affiliation Rules have been relaxed in recent years. However, more and more small businesses are being investigated by the Department of Justice and SBA OIG. Even though understanding… Read more »
Possible relief to named subcontractors in government bids who are later let go by the prime contractor: Under the new SBA regulations, there seems to be some relief to small businesses that are named as subcontractors and teaming partners but are never used on the contract after award. This seems… Read more »
By virtue of congressional mandates and FAR regulations for small business firms, and under the National Defense Authorization Act (NDAA), the Small Business Administration regulations (SBA) has made recent changes to various SBA affiliation rules that regulate government contracts for small businesses including those set aside for designated SBA programs and… Read more »
The SBA adopted new rules and revised 13 CFR 126.200(b)(6). HUBZ Ones small businesses must still comply with the required subcontracting requirements in the performance work statement. In other words, the company must certify in its bid that it will company with the limitation on subcontracting requirements with respect to… Read more »
Brutal Government Contractor Mistake Cause Lost Appeal For Quantum Meruit Claims at COFC. Government contractors often make the costly mistake of performing out of scope work without the expressed written permission of the contracting officer. Many contractors fail at the litigation stage because they do not understand the difference between… Read more »
Not understanding the small business set aside subcontracting rules that govern whether or not your company is a similarly situated small business can cost everyone the contract in a small business set aside size protests Theodore P. Watson, Esq. Many small businesses will be faced with dissecting the most recent SBA… Read more »
A common question arises when government contractors file a bid protest that challenges the agency’s past performance evaluation. Can the agency still give the awardee a higher performance rating when its CPAR ratings show that it had an unsatisfactory rating on one of its projects? It depends upon the documentation of… Read more »