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Technical Excellence in Government Contracts
and Construction Matters Since 1893.
Oles Morrison

Compensation for Changed Work Not Enough to Fully Compensate for Unchanged Work According to CBCA

By on December 7, 2017 | Posted in Claims and Disputes

  In Industrial Maintenance Services, CBCA 5618, the Civilian Board of Contract Appeals (CBCA) found a contractor was entitled to additional payment where the Agency paid certain direct costs associated with a change in the critical path of performance, but failed to include the costs of impacted, unchanged work in […]

ASBCA Reports High Appeal Success Rate for FY 2017; Accelerated and Expedited Appeals Double

By on December 2, 2017 | Posted in Claims and Disputes

The Armed Services Board of Contract Appeals (ASBCA) recently issued its Fiscal Year 2017 annual report, as well as its annual report on Alternate Dispute Resolution (ADR). The reports offer statistics that highlight the high success rate for contractors based on the contractor winning outright or receiving some recovery, a doubling […]

Form Matters: Contractor Loses $2M Claim Because Emailed Certification Was Not “Electronically or Digitally” Signed

By on October 26, 2017 | Posted in Claims and Disputes

Most government contractors are well-aware that the road to preserving and pursuing a claim against the government is one where opportunities for contractors to waive or otherwise lose their right to assert valid claims abound. In a decision where form has once again prevailed over substance, the Armed Services Board […]

Termination for Convenience: Government Pays the Wrong Party, No Magic Words Needed to Trigger Surety’s Right of Equitable Subrogation

By on September 21, 2017 | Posted in Claims and Disputes

A recent case makes clear the importance of focusing on the fundamentals, such as knowing the rules on who the government is required to pay on a government contract.  In The Hanover Insurance v. United States, the U.S. Court of Federal Claims recently found that a surety’s letter to the […]

Federal Government Contracts: How to Navigate in the New Administration – Seminar/Webinar – Nov. 16, 2017

By on August 23, 2017 | Posted in Bid Protests

With every new administration, there is both great uncertainty and opportunity in federal government contracting. To help you navigate the rough seas of doing business with the federal government in this new administration, we have assembled nationally recognized practitioners who will cover topics relevant to government contractors large and small, novice […]

Uptick in Buy American Enforcement Means Increased False Claims Act Risks

By on June 22, 2017 | Posted in Claims and Disputes

Following Executive Order 13788 issued April 18, 2017, “Buy American and Hire American,” contractors and subcontractors should prepare for increased enforcement of the Buy American Act (BAA), Buy America legislation, the “Little Buy American Acts,” and related civil or criminal prosecution under the False Claims Acts (FCA). In recent years, […]

Beware: Stock Performance Based Executive Compensation is an Unallowable Cost Under the FAR

By on June 20, 2017 | Posted in Claims and Disputes

It is common for corporations to compensate executives (and other employees) based upon stock price performance.  Tax implications lend support for this practice with respect to high-paid employees, as executive compensation is only deductible up to a limit of $1 million per year, so companies are inclined to compensate executives […]

Which Courts have Jurisdiction to Consider Appeals of Maritime CDA Claims?

By on June 6, 2017 | Posted in Claims and Disputes

Maritime government contracting is a multi-billion dollar industry involving the Navy, Army, Coast Guard and other agencies. Most contractors are familiar with the Federal Acquisition Regulation (FAR) 33.211 provision at the end of each contracting officer’s (“CO’s”) decision on a Contract Disputes Act (“CDA”) claim stating: “Instead of appealing to the […]

Does a Contracting Officer’s Mistake about the Reasons for a Termination Constitute Bad Faith or an Abuse of Discretion?

By on April 20, 2017 | Posted in Claims and Disputes

When a government contractor is terminated for reasons other than default, the response from the contractor is often to evaluate the contracting officer’s decision and rationale for the termination and determine if an appeal is warranted.  Government contractors sometimes appeal a contracting officer’s decision to terminate their contract by alleging […]

Army’s Broad Waiver in Bilateral Modification Waives its own Right to Recover Overpayments

By on April 7, 2017 | Posted in Claims and Disputes

Contractors often sign modifications and change orders without being fully aware of the rights they may be waiving under the modifications’ terms. While the federal government’s standard modification form (Standard Form 30) does not contain waiver language, government agencies generally add such language to ensure that the modification forecloses future […]

ASBCA Opens the Door to Contractors Seeking Monetary Damages for Unfair CPARS Reviews

By on January 4, 2017 | Posted in Claims and Disputes

As past performance reviews become an increasingly important part of the bid evaluation process, the performance assessments catalogued in the Contractor Performance Assessment Reporting System (“CPARS”) will have greater significance than ever before. CPARS reviews generally set forth the Government’s evaluation of a contractor’s performance based on several factors, including […]

Government Auction Bidders Beware: CBCA Denies Relief to Bidder Whose Bid Price was Driven Up by an Ineligible Bidder

By on December 23, 2016 | Posted in Claims and Disputes

Sea Sheppard Conservation Society (“Sea Sheppard”) recently found itself in the unfortunate situation of being in an auction bidding war against a single ineligible bidder in a General Services Administration (“GSA”) auction, resulting in Sea Sheppard having to pay a substantially higher sum for two vessels than if only eligible buyers had been allowed […]