Government Contracts Monitor

Here We Go Again - Another Possible Federal Government Shut-Down - Actions to Take Now

December 20, 2018

As recently as yesterday morning, I had shelved this article for at least a couple of more months.  However, developments yesterday significantly increased the likelihood of a partial Federal Government shut-down at midnight tonight, causing me to resurrect and publish this today.  As you no doubt know, President Trump has been threatening a possible shut-down since last year if he does not get his…

See-Saw: The Number Of Appeals May Be Down, But Contractor Success Is On The Rise

November 14, 2018

The Armed Services Board of Contract Appeals (ASBCA) released its annual report last month, describing its case activity for FY 2018. Interestingly, of the 139 cases decided on the merits, the Board agreed with the contractor/appellant 69 percent of the time.  And that’s not all.  In most of the 420 cases dismissed by the Board the case was disposed of because the parties had reached a settlement,…

If You’re Terminated for Convenience, Don’t Put Off Submission of Your Termination Settlement Claim

December 14, 2017

Busy contractors focused on day-to-day issues and future opportunities sometimes put other matters off to the extent they miss contractual deadlines. The recent decision of the Armed Services Board of Contract Appeals (ASBCA) in Black Bear Construction Company, ASBCA No. 61181 (November 14, 2017) serves as a reminder of the potentially high cost of excessive procrastination.

The matter involved an…

Here We Go Again – Another Possible Federal Government Shut-Down – Actions to Take Now

August 24, 2017

As we approach the end of the Government’s fiscal year at the end of September, we are once again facing a risk that the Federal Government could shut-down. The risk is heightened this time by: (1) the impending debt ceiling crisis, which Treasury estimates will be hit on September 28 or 29; and (2) President Trump’s reiteration earlier this week that he would be willing to shut-down the…

Possible Federal Government Shut-Down – Actions to Take Now

April 25, 2017

As President Trump approaches the end of his first 100 days, there is a risk that the Federal Government could shut-down starting at midnight this coming Friday, when current funding expires. Congress, which is finally back from its two-week Easter recess, is working on both a short one- or two- week interim extension, as well as a longer extension through the end of the current Government fiscal…

Contract Disputes: Clarity of Presentation Matters

October 25, 2016

Faced with the daunting process of legally resolving a contract dispute, contractors too often forget one of the strongest tools at their disposal (and one over which they have the most control): a clear presentation of their case so that, ideally, the dispute can be resolved at the agency level. Of course, resolution with the agency is not always possible, which is all the more reason…

Deemed Denials: Contracting Officers Also Must Comply Strictly with Contract Disputes Act Timeliness Requirements

March 7, 2016

As we have discussed, contractors must pay careful attention to, and comply strictly with, timeliness and related submission requirements, whether in the claims or bid protests context. This is not a one-way street, however.  Government contracting officers also must comply strictly with such requirements.  The equal application of these principles is reflected in two recent decisions…

Good Faith And Fair Dealing -- The Government’s Implied Duty Is Alive and Well

May 22, 2015

Mansoor was awarded a contract to provide trucking services in Afghanistan.  Nine months into the performance period the Army terminated Mansoor’s contract for default.  Mansoor then submitted a certified claim for invoices the government had refused to pay.  The Army offered to pay Mansoor a portion of its claim but, following the exchange of several counteroffers, decided the…

Heart of Stone: Board Says “No” To Imperfect Appeals

March 30, 2015

A recent Postal Service case reminds us how important it is to know how to proceed if your contract is terminated.  Clifford B. Finkle, Inc. v. U.S. Postal Service, PSBCA No. 6540 (March 25, 2015).  The Postal Service terminated with notice a contract with Clifford B. Finkle Inc. (CBF) who then (i) appealed the termination to the Postal Service Board of Contract Appeals (Board) and…

Learn from Pinocchio: Don’t Lie and Develop Your Own, Independent, Identity

March 17, 2015

Small businesses participating in the Small Business Administration’s (SBA’s) 8(a) Business Development Program (BD Program) would do well to recall the story of Pinocchio, the marionette who wanted to be a real boy.  Pinocchio learned two important lessons:  be self-reliant and don’t lie.  Similarly, the petitioner in the recent The Desa Group, Inc., SBA No.  BDPT-543…

Short Take: Too Much Knowledge Can Be a Disadvantage: Fraudulent Receipt of Confidential Government Information

November 4, 2014

A 54-year old Virginia executive, Mark Farmer, was indicted in October for allegedly providing things of value to the former director of two Ohio Veterans Affairs (VA) Medical Centers.  The alleged quid pro quo was that, in exchange for these items of value, the VA director provided confidential information to Farmer about various VA construction projects.  The charges in the…

It’s Dangerous to be Late: Understand Your Appeal Rights

October 28, 2014

Last month the Armed Services Board of Contract Appeals (ASBCA) affirmed that even a defective termination notice starts the 90-day appeals clock, unless the contractor can establish it was actually prejudiced by the defective notice.  In Mansoor International Development, ASBCA No. 58423, September 04, 2014, the ASBCA denied the government’s motion to dismiss  the appeal as untimely,…