Government Contracts Legal Blog

Dismissal With Prejudice

Posted by Joseph Whitcomb on Aug 15, 2017 3:13:01 PM

Appeal of Northrop Grumman Corporation, 2017 WL 2962585

The Armed Services Board of Contract Appeals (ASBCA) decided this case. The ASBCA is an impartial forum that deals with contract disputes that arise between government contractors and various federal agencies, including the Department of Defense, the National Aeronautics and Space Administration, and the Central Intelligence Agency. 

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Topics: government contracting

The Price Adjustment Clause

Posted by Joseph Whitcomb on Aug 14, 2017 1:20:39 PM

 

Appeals of Sonoran Technology and

Professional Services, LLC, ASBCA No. 61040

 

The Armed Services Board of Contract Appeals (ASBCA) decided this case. The ASBCA deals with contract disputes that arise between government contractors and the Department of Defense, among other federal agencies. 

In this particular case, both parties agreed to ASBCA Rule 11, which allows for a decision without a hearing. As the case involved a small business concern with less than $150,000 in question, the appellant requested an expedited hearing under ASBCA Rule 12. 

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Topics: government contracting

Government Contractor Disputes

Posted by Dan McAuliffe on Aug 11, 2017 2:48:14 PM

 

Appeals of Sonoran Technology

and Professional Services, LLC, ASBCA No. 61040 

 

The Armed Services Board of Contract Appeals (ASBCA) decided this case. The ASBCA deals with contract disputes that arise between government contractors and the Department of Defense, among other federal agencies. 

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In this particular case, both parties agreed to ASBCA Rule 11, which allows for a decision without a hearing. As the case involved a small business concern with less than $150,000 in question, the appellant requested an expedited hearing under ASBCA Rule 12. 

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Topics: government contracting

Small Business Innovation Research

Posted by Joseph Whitcomb on Aug 10, 2017 2:21:50 PM

 

Matter of Global Aerospace Corporation, 2017 WL 2859927

 

This case concerns the Small Business Act of 1958. Recognizing the importance of free enterprise and competition, the Small Business Act requires the U.S. Government to assign a fair portion of contracts and purchases to small businesses. 

As part of this process, 15 U.S.C. 638 establishes the Small Business Innovation Research (SBIR) program, which requires federal agencies to involve small businesses in federally funded research and development (R&D). Federal agencies satisfy this requirement with a three-phase approach. 

Under phase I, small businesses apply to evaluate a product concept for scientific, technical, and commercial viability. Then small businesses compete for a phase II award to continue development on the product concept. After completing phases I and II, small businesses must obtain outside funding to develop their product concept for commercial sale.

 

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Topics: government contracting

Contract Disputes and the DoD

Posted by Joseph Whitcomb on Aug 8, 2017 11:35:25 AM

 

Appeals of Sonoran Technology and Professional Services, LLC, ASBCA No. 61040

 

The Armed Services Board of Contract Appeals (ASBCA) decided this case. The ASBCA deals with contract disputes that arise between government contractors and the Department of Defense, among other federal agencies. 

In this particular case, both parties agreed to ASBCA Rule 11, which allows for a decision without a hearing. As the case involved a small business concern with less than $150,000 in question, the appellant requested an expedited hearing under ASBCA Rule 12. 

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Topics: government contracting

Size Standard Determination Appeal- Lost Creek Holdings- SBA #SIZ-5831

Posted by Joseph Whitcomb on Jul 24, 2017 11:36:46 AM

Size Standard Determination Appeal of

Lost Creek Holdings, LLC, SBA No. SIZ-5831

This case concerns the Small Business Act of 1958. Recognizing the importance of free enterprise and competition, the Small Business Act requires the U.S. Government to assign a fair portion of contracts and purchases to small businesses. The Small Business Administration (SBA) and its Office of Hearings and Appeals (OHA) oversee the administration of the Small Business Act. The SBA uses size determinations and the North American Industry Classification System (NAICS) to define what qualifies as a small business.

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Topics: government contracting

False Claims Act

Posted by Dan McAuliffe on Jul 21, 2017 2:28:13 PM

 

The False Claims Act

The United States Justice Department recently disclosed that the large health insurance company Humana Inc. is under investigation for potentially defrauding Medicare. The Justice Department is currently examining the U.S. False Claims Act (FCA) violation of three companies alleged with committing Medicare fraud including Aetna Inc., Health Net Inc., and Bravo Health Inc. which is a division of Cigna Corp. A Humana spokesperson said in an emailed statement that the company has publicly disclosed it was part of an investigation by the United States Justice Department. Statistics suggest that the FCA has been the most successful weapon in combatting fraud against taxpayers with more than $40 billion recovered by the United States government since 1986 due to false claim lawsuits. 

 

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Topics: potpourri

NAICS Code Protest, SBA No. NAICS-5828

Posted by Joseph Whitcomb on Jul 10, 2017 3:44:54 PM

NAICS Appeal of Creative Information Technology, Inc., SBA No. NAICS-5828

This case concerns the Small Business Act of 1958. Recognizing the importance of free enterprise and competition, the Small Business Act requires the U.S. Government to assign a fair portion of contracts and purchases to small businesses. The Small Business Administration (SBA) and its Office of Hearings and Appeals (OHA) oversee the administration of the Small Business Act. The SBA uses size standards and the North American Industry Classification System (NAICS) to define what qualifies as a small business.

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Topics: government contracting

Procurement Integrity Act Violation Impact

Posted by Joseph Whitcomb on Jul 10, 2017 11:19:59 AM

Matter of: Dell Services Federal Government, Inc.

When Are Procurement Integrity Act Violations Important?Get Government Contract  Legal Help NOW!

The Department of Education recently decided to change how it acquires IT services. Rather than using a single overarching contract, the agency began acquiring segments of its IT requirements using multiple task or delivery orders. The solicitation that is the subject of this protest as part of what is referred to as the PIVOT program. The solicitation sought to acquire IT integrator and end-user experience services, which was referred to as the PIVOT I solicitation. The solicitation was an indefinite-delivery, indefinite-quantity (IDIQ) administered by the National Institutes of Health Information Technology Acquisition and Assessment Center. Dell Services Federal Government, Inc. (DSFG) was originally awarded this contract and 2007 for a 10 year period of performance.

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Topics: government contracting

NAICS Appeal of Dellew Corp., SBA-NAICS-5837 - Small Business Act

Posted by Joseph Whitcomb on Jul 10, 2017 9:36:15 AM

This case concerns the Small Business Act of 1958. Recognizing the importance of free enterprise and competition, the Small Business Act requires the U.S. Government to assign a fair portion of contracts and purchases to small businesses. The Small Business Administration (SBA) and its Office of Hearings and Appeals (OHA) oversee the administration of the Small Business Act. The SBA uses size standards and the North American Industry Classification System (NAICS) to define what qualifies as a small business. 

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Topics: government contracting

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Whitcomb Law, PC is dedicated to helping the government contractor exact all the benefits he or she can deprive from doing business with federal, state, and local governments.  We strive to provide content on this blog that is up-to-date, relevant, and easy to read.  We enjoy reading your feedback especially when it helps us improve the way in which we serve you.

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