Legal Information & Resources for Federal Construction Contractors
By: Edward T. DeLisle & Maria L. Panichelli
We’ve warned you before: the False Claims Act should be taken seriously. In recent years, the government has been increasingly willing to wield the provisions of the FCA as weapons, zealously punishing offending federal contractors.
A recent opinion United States ex rel. Hooper v. Lockheed Martin …
By: Edward T. DeLisle & Maria L. Panichelli
The federal government’s much-anticipated new contractor registration system, “SAM” was launched on July 30, 2012. SAM (short for System for Award Management) replaces the former Central Contractor Registration (CCR) system, and will ultimately integrate eight federal procurement systems (CCR, FedReg, ORCA, EPLS, CFDA, eSRS, FBO, FPDS-NG, FSRS,…
By: Edward T. DeLisle & Maria L. Panichelli
Yesterday, the U.S. Small Business Administration (“SBA”) proposed certain size standard changes, which could expand the number of contractors eligible for “small” business status in relation to construction contracts under NAICS Code 23.
Specifically, the SBA issued a proposed rule that would increase the size standard…
By: Edward T. DeLisle & Maria L. Panichelli
When it comes to problem-solving, we are often encouraged to “think outside the box.” The idea is to be creative; to look beyond the norm. Well, when it comes to certifying a claim, you’re probably better off simply doing what the FAR tells you to do. The…
By: Edward T. DeLisle & Maria L. Panichelli
Last year, after over a decade of discussion, the Small Business Administration (SBA) finally implemented a federal contracting program specifically designed to assist small businesses owned by women. This program authorizes contracting officers to set aside federal contracts for eligible WOSBs (woman-owned small businesses) and EDWOSBs (economically…
By: Edward T. DeLisle & Maria L. Panichelli
Be careful what you ask for, or, in the context of federal government contracting, be careful how you ask and how the government responds. If you’re not careful, you may get what you ask for, but lose a contract. That’s the lesson learned in NCI Information Systems, …
By: Edward T. DeLisle
If a government agency terminates a construction contractor for default, it cannot then sit on its hands. The agency must re-procure and complete that project within some reasonable amount of time. Failure to do so may result in the dismissal of any subsequent claim for excess costs to reprocure and finish…
By: Edward T. DeLisle & Maria L. Panichelli
SDVOSB Appeal of Rush-Link One Joint Venture, SBA No. VET-228 (2012), a recent Small Business Administration Office of Hearings and Appeals (“OHA”) decision that we discussed previously, demonstrates how a company’s internal corporate structure can impact that company’s eligibility to participate in the Service-Disabled Veteran…
By: Edward T. DeLisle & Maria L. Panichelli
Many contractors know that there is a six-year statute of limitations on claims brought under the Contract Disputes Act (“CDA”) and Section 33.206 of the Federal Acquisition Regulations (“FAR”). However, most contractors incorrectly assume that for claims pertaining to delay, or acceleration, the six-year statutory period begins…
By: Edward T. DeLisle & Maria L. Panichelli
In a recent opinion, SDVOSB Appeal of Rush-Link One Joint Venture, SBA No. VET-228 (2012), the United States Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) used two 8(a) program regulations, namely 13 C.F.R. § 124.106(g) and 13 C.F.R. § 124.3, to determine…
