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 »
If you have performed work for the federal government and looking into the contract claims certification process under 41 USC 601, there are some basic things you should know. Failure to take the government claims process and FAR certification requirements seriously can cost you thousands or even millions in amounts… Read more »
OCI Organizational Conflict of Interest FAR Guidance Hiring of Former Government Officials If your company hires a former government official, it can be disqualified from a competition based upon the appearance of impropriety which is created by the hire. There is no requirement for an actual impropriety to be shown in… Read more »
Avoid costly mistakes that can cost you tens of thousands in small business size protest litigation. Theodore P. Watson, Esq – Government Contracts and SBA Bid Protest Lawyer According to the SBA small business size protest requirements, filing a bid protest against your competitor must be approached with caution. On… Read more »
A common problem under the Contract Disputes Act of 1978 (CDA) when the subcontractor engages in a subcontract with the General Contractor seeking pass through rights in the event of a claim against the federal government. Understanding the various levels of disputes is critical to how subcontractors should proceed. Subcontractor… Read more »
A common question in federal procurement arises as to what date does your size count for an SBA small business size protest under Code of Federal Regulations Title 13 part 121 (13 CFR part 121 small business definition) SBA regulations stipulate that if you meet SBA size standards at the time you… Read more »
Avoid Getting Your Case Dismissed on Appeal. A contracting officer’s final decision in federal government contracting carries a lot of weight. For example, a contracting officer is the final authority for approving or denying construction claims or requests for equitable adjustments. Small business contractor lawyers and non-government contracting attorneys often… Read more »
There are subtle differences between the government contract termination for convenience vs termination for default clause in federal government contracts decisions. Contractors who incorrectly respond to termination by default or cause quickly find the painful and subtle differences, especially at the appeals stage. The same is true when the… Read more »
For government contractors, there are two primary mechanisms to address disputes related to federal government contracts: filing a government protest and filing a Contract Disputes Act (CDA) claim. While both processes aim to resolve disputes related to government contracts, they are distinct and differ in their procedures and outcomes. When… 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 »