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.
Michael H. Payne
As Chair of the firm’s growing Government Contracting Group, Michael represents contractors, subcontractors, and suppliers on a wide range of federal contracting issues, including the interpretation of solicitation and contract provisions, the filing of bid protests, resolution of disputes, and the preparation of contract claims and the litigation of appeals. Michael has vast experience in federal government contracting, stemming from his time as Chief Trial Attorney for the North Atlantic Division of the Army Corps of Engineers, and is recognized in the federal construction contracting industry as an attorney who enjoys a good working relationship with government agencies.
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…
Possible Extension of GAO's Protest Authority in the Works
By: Edward T. DeLisle
As part of the National Defense Authorization Act of 2008 (the 2008 Act), Congress provided the General Accounting Office (GAO) with the authority to hear protests involving certain task and delivery order contracts emanating from both defense and civilian agencies. At the time, this authority was limited to a period of…
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…
Important New SBA 8(a) Rules Announced
By: Michael H. Payne and Edward T. DeLisle
The U.S. Small Business Administration published a package of final rules on February 11, 2011, that will revise the regulations of its 8(a) Business Development program to better ensure that the benefits flow to the intended recipients and help prevent waste, fraud and abuse. The rules were published…
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…
SBA Offers Federal Contract Program for Women-Owned Small Businesses
By: Edward T. DeLisle
As of Friday, February 4, 2011, women-owned small businesses could begin taking steps to participate in a new federal contracting program just for them. The new Women-Owned Small Business ("WOSB") Federal Contract Program (the "Program") will be fully implemented over the next several months, with the first contracts expected to be…
MATOC – Some Winners and Mostly Losers
By: Michael H. Payne
There is an old saying that “you win some, and you lose some.” Well, if you are a construction contractor who competes in the world of Multiple Award Task Order Contracting (“MATOC”), you usually lose. Under sealed bidding, which dominated the procurement of federal construction for many years, a contractor who…
The Department of Veteran Affairs Ushers in Mentor-Protégé Program
By: Edward T. DeLisle
On December 22, 2010, the VA announced that it had selected the first twenty (20) mentor-protégé teams to participate in its newly minted Mentor-Protégé Program. The program is designed to assist firms that have already been verified as veteran-owned or service-disabled, veteran-owned small businesses by the VA. Eligible firms are…
Has the Corps of Engineers Gone MATOC Crazy?
By: Michael H. Payne
The recent increase in the use of Indefinite Delivery/Indefinite Quantity (“IDIQ”) contracting for construction has become even more evident by looking at the “FY 2011 – Forecasted Acquisition Strategy” issued by the Jacksonville District of the Corps of Engineers. A review of the list reveals that the majority of the construction…
