By: Edward T. DeLisle
Pursuant to the Contract Disputes Act of 1978 (CDA), every claim on a federal construction project that is in excess of $100,000 must be certified. The reasoning behind this policy is simple: the government wants to discourage the submission of questionable and/or inflated claims. As such, for each claim in
Procurement Information
Contractors Should Beware of FAPIIS
By: Michael H. Payne
The Duncan Hunter National Defense Authorization Act of 2009 (Public Law 110-417) was enacted on October 14, 2008. Section 872 of the Act required the development and maintenance of an information system that contains specific information on the integrity and performance of covered Federal agency contractors and grantees. The Federal Awardee…
The Time to File a Bid Protest
By: Michael H. Payne
The GAO requires, as provided in 4 CFR 21.2, that:
(a)(1) Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial…
Federal Construction Contract Claims Must be Evaluated Fairly
By: Michael H. Payne
The growth of contracting by negotiation or “best value” procurement, has had a chilling effect on the submission of claims by construction contractors. There seems to be a growing fear that claims are frowned upon by contracting officers and that they will be counted against a contractor during future proposal evaluations.
Senate Bill Introduced to Combat SBA Fraud
By: Edward T. DeLisle
Senator Olympia Snowe, R-Maine, introduced a bipartisan bill on Thursday that is designed to combat fraud and abuse in the world of small business contracting. As we have reported, the General Accounting Office (GAO) has issued a number of reports over the last several years detailing the existence of fraud in…
Past Performance Reporting Overseas: Does it Happen?
By: Edward T. DeLisle
For those who regularly read our blog, you know that we have followed the government’s recent concern about fraud and abuse in the federal procurement process. The GAO has issued reports that recite such abuse relative to the 8(a), HUBZone and SDVOSB programs. As those reports indicate, companies have been…
Seminar – Unraveling the Mysteries of Federal Construction Contracting
Join the Federal Construction Group of Cohen, Seglias as it presents, “Unraveling the Mysteries of Federal Construction Contracting,“ at two different locations.
Dates/Locations:
March 29, 2011 – Hyatt Regency Savannah, GA
March 31, 2011 – Hyatt Regency Grand Cypress Orlando, FL
Time:
8:00a.m.-1:00p.m.
Cost:
$195.00 per person and $95 for each additional person…
Federal Government Bonding Basics: Individual Sureties
By: Robert E. Little, Jr.
Individual sureties are natural persons – as opposed to corporations and limited liability companies – who offer to bind themselves on bid, performance, and payment bonds. Individual sureties are acceptable from prime contractors on federal construction projects, provided the individual owns and pledges sufficient assets to cover the appropriate percentage of the value of the bid or contract. However, they are not eligible for listing on the Department of Treasury’s list of approved corporate sureties. This means that neither they nor their assets have been federally vetted.
Attendees of the Bonding Basics segment of the 5th Annual National Veterans Small Business Conference and Expo, where I was a panelist representing the Naval Facilities Engineering Command (NAVFAC), were treated to a discussion about individual sureties. Although some attendees may have left the conference with the impression that individual sureties are a simple last resort for firms that cannot obtain bonding through corporate sureties or with the assistance of the U.S. Small Business Administration’s (SBA) Surety Bond Guarantee Program, individual sureties are not so simple. There have been many occasions where contractors have lost out on federal government contracting opportunities because they did not understand the significance of establishing the acceptability and value of the asset or assets pledged by an individual surety.
During my 17 years as senior counsel at NAVFAC headquarters, I observed that the Navy’s experience with individual sureties’ pledged assets mirrored that of the Federal Highway Administration (FHA) in the 2009 case Tip Top Construction, Inc. v. U.S. I saw pledges of everything from non-existent bank stock and untradeable securities to “corporate reinsurance debentures” printed on very nice-looking paper.Continue Reading Federal Government Bonding Basics: Individual Sureties
How to Win Federal Construction Contracts with Teaming Arrangements
A seminar on “How to Win Federal Construction Contracts with Teaming Arrangements” is being held at three different locations.
Dates/Locations:
October 5, 2010 – Hyatt Regency Dallas, TX
October 7, 2010 – Los Angeles Airport Marriott, CA
October 28, 2010 – Hilton Philadelphia Airport, PA
Time:
8:00a.m.-1:00p.m.
Cost:
$195 per person and $95 for each…
Legislation Grants Public Access to the Federal Awardee Performance and Integrity and Information System (FAPIIS)
By: Michael H. Payne & Elise M. Carlin
As recently reported in Washington Technology, on July 29, 2010, President Obama signed the Supplemental Appropriations Act for 2010 into law. This legislation amends the Clean Contracting Act of 2008, and allows the public to access the Federal Awardee Performance and Integrity Information System (FAPIIS), …
