Legal Information & Resources for Federal Construction Contractors
On January 3, President Obama signed into law the 2013 National Defense Authorization Act (“NDAA” or “the Act”). The Act seeks to change a number of acquisition provisions applicable to contractors doing business with the federal government.
One important change involves the limitation on subcontracting rules relating to small businesses. The NDAA calls for changes…
We’ve warned you before against relying on informal, or oral, directives from a Contracting Officer; get it in writing! A recent case before the Armed Services Board of Contract Appeals reminds us that contractors also need to be wary about who from the government is giving those directives.
In EEC International, ASBCA No. 55781…
By: Edward T. DeLisle & Maria L. Panichelli
On August 27, 2012, FAR council issued a final rule entitled Reporting Executive Compensation and First-Tier Subcontract Awards (“the Rule”). Although this Final Rule was implemented just last month, it has been a topic of discussion on Capitol Hill for over six years.
In 2006, the Federal …
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 & 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…
