By Oles Morrison 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 […]
By Oles Morrison 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 […]
By Oles Morrison on November 4, 2016 | Posted in Claims and Disputes
In base operating support (BOS) services contracts, end users and Contracting Officer’s Representatives can call in maintenance requests for the BOSS contractor to perform. When these requests are within the scope of the contract, the contractor can usually proceed with the work. However, if the request exceeds the scope of […]
By Oles Morrison on October 21, 2016 | Posted in Claims and Disputes
A recent Postal Service Board of Contract Appeals (PSBCA) decision provided an important reminder for everyone that even if you deliver the mail, you cannot ignore your other chores—particularly taking out the trash. In Bryant Commercial Postal, LLC v. United States Postal Service, PSBCA No. 6633, a case that sounds […]
By Oles Morrison on August 24, 2016 | Posted in Bid Protests
James F. Nagle will give a special presentation at The Seminar Group’s upcoming 23rd Annual Washington Construction Law conference on September 15 at the Hilton Seattle. In Jim’s federal construction law presentation, he will provide an update on the False Claims Act, new programs from the Small Business Administration and other new developments affecting […]
By Howard W. Roth on August 22, 2016 | Posted in Claims and Disputes
The Armed Services Board of Contract Appeal’s (ASBCA) decision in BAE Systems Tactical Vehicle Systems LP, ASBCA Nos. 59491, 60433 (July 25, 2016), denying the government’s motion to stay appeals due to a parallel False Claims Act (FCA) case in federal district court is an important reminder that the agency […]
By Oles Morrison on May 17, 2016 | Posted in Claims and Disputes
The nonmanufacturer rule is one of the more complicated small business rules. Under 13 CFR § 121.406(b), a small business may qualify as a nonmanufacturer if it 1) does not exceed 500 employees; 2) is primarily engaged in the retail or wholesale trade and normally sells the type of item […]
By Oles Morrison on March 24, 2016 | Posted in Claims and Disputes
In the recent ASBCA case Appeal of SupplyCore, Inc., ASBCA No. 58676, the government successfully defended against a claim for post-termination labor costs, where the contractor argued that the government had violated the duty of good faith and fair dealing with regard to the timing of the Army’s decision to […]
By Howard W. Roth on October 29, 2015 | Posted in Claims and Disputes
On October 20, 2015, the Armed Services Board of Contract Appeals (ASBCA) released its Annual Report of Transactions and Proceedings for the fiscal year ending 30 September 2015. The report indicates that the number of appeals pending have more than doubled since 2011, but that the increase has slowed considerably […]
By Oles Morrison on October 2, 2014 | Posted in Claims and Disputes
When subcontractor claims arise on a federal contract, it is not uncommon for the prime to then assert those claims as pass-through claims against the government. In such circumstances, it is important for subcontractors to remember that while they have rights to proceed against the prime contractor for those claims, […]