Author: Cheryl Adams, Esq. Change orders happen in federal government contracting. When you are a government contractor, it helps to understand some basics about change orders before you are issued one. Below are some common questions, and answers, about change orders, along with some tips and traps that you might… Read more »
Author: Cheryl Adams, Esq. You are a government contractor. Something happened, and performance of your government contract just cost you more money. Whatever it is, you’re pretty certain it was not your firm’s fault. Should you just submit an invoice for the extra… Read more »
What are Small Business Size Standards? A small business size standard in government contracting is stated by either the number of employees or average annual receipts. Under the proposed rules for NAICS SBA application (now current law) the limitations and legal standards articulate the largest size that your small business… Read more »
One of the issues in filing a bid protest is the timeliness rules. Even more confusing is the deadline to file to GAO protest and the timeline to have the CICA stay enforce. Getting the confusing details sorted can make the difference between getting the case heard and getting the… Read more »
Withdrawing from Competition Means There is a Lack of Standing to Bring an SBA Size Protest In Size Appeal of AeroSage, LLC, SBA No. SIZ-5883 (2018) The SBA Office of Hearings and Appeals (OHA) ruled that the SBA Area Office correctly dismissed the small business size standard protest for lack… Read more »
Theodore P. Watson, Esq Given the new SBA small business set aside subcontracting rules, small businesses must pay special attention to the specific requirements of 13 CFR 125.6 and limitations on subcontracting requirements under FAR 52.219-14. Companies are now being charged with procurement fraud and other criminal charges because there… Read more »
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 liquidated damages clause in the contract. Understanding the ins and outs of how the liquidated damages clause in construction… Read more »
Avoid Losing Government Contracts in SBA Size Protests, Or Criminal Liability for Violating SBA affiliation Rules. SBA 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 that people make mistakes, more… Read more »