The Armed Services Board of Contract Appeals (ASBCA or Board) issued an opinion in Appeal of StructSure Projects, Inc., granting StructSure additional COVID-19 related costs arising under a fixed-price
Continue Reading ASBCA Decision Offers a Potential Avenue for Federal Contractors to Recover COVID-19 Related CostsFederal Arbitration Act: Supreme Court Strengthens Enforcement Protections of a Party Seeking to Compel Arbitration
The Supreme Court recently decided in Coinbase, Inc. v. Bielski, that federal district courts must stay trial proceedings pending the resolution of an interlocutory appeal of the denial[1]
Continue Reading Federal Arbitration Act: Supreme Court Strengthens Enforcement Protections of a Party Seeking to Compel ArbitrationTrade Associations Urge the White House for a Pragmatic Regulatory Landscape Concerning the Build America, Buy America (BABA) Rules
Early this month, several electrical trade associations urged the Biden administration to implement pragmatic BABA rules. In the letter sent to the Senior Advisor and Infrastructure Coordinator at the White
Continue Reading Trade Associations Urge the White House for a Pragmatic Regulatory Landscape Concerning the Build America, Buy America (BABA) RulesCDA Claims: Delay Damages for an Early Finish?
One of the most common concerns for federal contractors is delay.
Projects can fall behind schedule for a variety of reasons that are outside of the contractor’s control (government-directed changes
Continue Reading CDA Claims: Delay Damages for an Early Finish?Supreme Court Rejects “Objectively Reasonable” Defense to False Claims Act
The Supreme Court’s recent decision in United States ex rel. Schutte v. SuperValu, Inc. clarified that the claimant’s knowledge and subjective beliefs, and not what an objectively reasonable person may
Continue Reading Supreme Court Rejects “Objectively Reasonable” Defense to False Claims ActSBA OHA Rejects Unique Ostensible Subcontractor Affiliation Defense
Small business government contractors are (or should be) aware of the SBA’s affiliation rules. In a nutshell, the rules set the standard for whether/when another business controls – or
Continue Reading SBA OHA Rejects Unique Ostensible Subcontractor Affiliation DefenseCDA Claim Series Wrap Up: Best Practices for Government Contactors
This is the eighth (and last) of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to
Continue Reading CDA Claim Series Wrap Up: Best Practices for Government ContactorsChallenging CPARS Performance Evaluations through the Contract Disputes Act
This is the seventh of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors
Continue Reading Challenging CPARS Performance Evaluations through the Contract Disputes Act
SBA Recognizes Inflation in Size Standards, Eligibility for 8(a) and EDWOSB Programs
This month it becomes easier to qualify for and remain in the Small Business Administration’s (SBA) programs as a direct result of high inflation over the last year. Notably, the
Continue Reading SBA Recognizes Inflation in Size Standards, Eligibility for 8(a) and EDWOSB ProgramsHandling Subcontractor Pass-Through Claims Under the CDA
This is the sixth of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors
Continue Reading Handling Subcontractor Pass-Through Claims Under the CDA