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Op-Ed/Blog

This category contains 818 posts

Nope! Your LinkedIn Approach Still Doesn’t Work For Me.

Many things have changed in life and business since I penned my original post in 2016. For example, I updated my headshot.  I’m coaching my daughter’s field hockey team. We moved and more! One change I was not a fan of was LinkedIn removing the ‘Advice for Contacting…‘ section from profiles. Another change on LinkedIn … Continue reading

Release of Claims Can’t Be Undone by Refusing Government Payment

In Central Texas Express Metalwork LLC d/b/a Express Contracting, ASBCA No. 61109, (Sept. 7, 2017), the ASBCA reviewed an appeal of contractor CTEM, which had contracted to repair and replace certain HVAC systems at an Air Force base for $2,457,237. After partial performance, CTEM submitted a request for equitable adjustment for $643,841.88 in increased costs due to the … Continue reading

SBA Proposes Rules For SDVOSB/VOSB CVE Protests & Appeals

The SBA has proposed rules to enable contractors to file protests with the SBA OHA challenging the SDVOSB or VOSB status of a company included in the VA’s CVE VetBiz database.  Continue reading

Ostensible Subcontractor Affiliation: Who Manages The Work Matters

So you’ve teamed with an ineligible incumbent contractor to bid on some government work and, to try and maintain continuity, the incumbent would like to retain project management functions. Continue reading

Termination For Default: The “No Reasonable Likelihood” Standard

Unfortunately for contractors in this position, as illustrated by a recent Civilian Board of Contract Appeals (CBCA) decision, the result may be a default termination. Continue reading

Small Business Set-Asides: When The “Rule Of Two” Becomes The “Rule Of One”

An agency isn’t required to cancel a small business set-aside solicitation if the agency learns that one of the small businesses upon whom the set-aside decision rested is no longer small. Continue reading

Offeror Unintentionally Files Size Protest, Confuses SBA OHA

A communication to a contracting officer taking issue with an awardee’s size can be treated as a size protest–even if the offeror making the communication didn’t intend to file a size protest. Continue reading

Release of Claims: Contractor Signatory Must Have Authority

The government sometimes refuses to pay a contractor for a modification when the government official requesting the modification lacks appropriate authority.   Continue reading

Bankruptcy Pending, But Contractor Still Wins Award

Contracting officers have wide discretion to determine that a business can perform the work in question—even if the business is about to enter bankruptcy. Continue reading

Top 10 acquisition trends of FY17

As the final push for fiscal 2017 contract obligations comes to an end, it’s helpful to take a step back and assess the contracting environmental trends that have emerged over the past year. Each trend lends itself to further study, so here’s a high-level look at the top 10. Source: Top 10 acquisition trends of … Continue reading