Small Business

Court of Appeals for the Federal Circuit: Boards Have Jurisdiction to Hear Appeals Notwithstanding Nontechnical Defect in Certification

In DAI Global LLC v. Administrator of the US Agency for International Development, the Court of Appeals for the Federal Circuit reversed a prior CBCA decision dismissing DAI’s appeals for lack of jurisdiction due to an allegedly defective CDA claim certification. In so doing, the Court upended a line of decisions holding that Boards...
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FAR Part 4- Administrative Matters

Posted on January 20, 2020
Click here to listen as Partner Ryan Bradel explains what the FAR Part 4- Administrative Matters means for government contractors.  
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New Rule Issued by the Department of Defense to Restrict Use of the LPTA Selection Process

On September 26, 2019, the Department of Defense (DOD) issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to significantly restrict DOD's use of Lowest Price Technically Acceptable (LPTA) source selection procedures. The new rule, which went into effect on October 1, 2019, should not come as a surprise to federal government...
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Domestic Preference & Sourcing Requirements in Federal Government Contracts

Over the past several months, we have seen a considerable increase in the number of clients who have contacted us seeking advice on how to navigate the domestic preference and sourcing requirements contained in their federal government contract(s). Recent inquiries include issues involving the Buy American Act, the Trade Agreements Act, and the Berry...
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An Overview of the Judgment Fund and How Its Availability Can Impact Claim Settlements

Posted on October 22, 2019
We are pleased to announce that Partner, Timothy A. Furin, was recently published in the current edition of the Army Lawyer. His article, "An Overview of the Judgment Fund and How Its Availability Can Impact Claim Settlements" provides an overview of the Judgment Fund and discusses how the availability of the Judgment Fund can...
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I’m a small business considering a bid protest. Should I file, and if so, where?

A glance at some relevant data may provide some initial orientation to the landscape. The congressionally mandated FY18 RAND Corporation study on bid protests of DoD procurements found that less than 0.3 % of contracts are actually protested. Of the protests that were filed, more than half of all bid protests were made by...
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