The Government Accountability Office (GAO) recently sustained a protest that challenged the Department of Veterans Affairs’ (VA) failure to set aside an acquisition for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) or Veteran-Owned Small Businesses (VOSB). Under the Veterans Benefits, Health Care, and Information Technology Act of 2006 (VA Act), 38 U.S.C. §§ 8127-8128, the VA must
Can You Challenge a CPAR Evaluation in a Bid Protest?
Technically, no. However, when the contractor is protesting the award of a contract for the same agency that issued the unfavorable Contractor Performance Evaluation Report (CPAR), the contractor may have some success arguing that there was a conflict of interest.
In a very recent decision, the Court of Federal Claims dismissed most of the claims
CPARS Evaluations: Are You Stuck with What You Get?
Part 42.15 of the FAR entitles federal contractors to submit comments and receive agency review of an unfavorable performance evaluation in the Contractor Performance Assessment Reporting System (CPARS). If the contractor’s rebuttal is unsuccessful, the contractor may challenge the CPARS rating by submitting a claim to the contracting officer (CO) under the Contract Disputes Act.
Federal Court Expresses Public Policy Concern Regarding Economic Loss Rule
In Prestress Services Industries of TN, LLC v. W.G. Yates & Sons Construction Co., 280 F.Supp.3d 908 (N.D. Miss. 2017), the United States District Court for the Northern District of Mississippi faced a “rather interesting issue of tort law” involving the economic loss rule that has not been addressed by either the Mississippi Supreme
D.C. Court of Appeals Decision Covers Important Contracting Principles
The D.C. Court of Appeals (the Court) recently issued a decision covering some important public construction contract principles, most notably notice, cost and pricing data requirements, and the implied duty of good faith and fair dealing.
The District of Columbia hired a contractor to perform work at the Fort Totten Solid Waste Transfer Facility. The
New Federal Contracting Requirements for Reporting Tax Liabilities and Felony Convictions
Federal acquisition officials recently finalized an interim rule intended to remove contractors with federal tax liabilities and felony convictions from the federal contracting arena. The interim rule, which took effect February 26, 2016, was published in December of 2015. No changes were made as a result of the comments submitted before its finalization and effective
Is the SBA’s 8(a) Minority Business Development Program Constitutional?
The constitutionality of small business programs has been a significant topic of debate over the past few years. The U. S. Court of Appeals for the D.C. Circuit recently upheld the constitutionality of the Small Business Administration’s 8(a) Program finding that the challenged provisions do not, on their face, classify individuals by race.
Section 8(a)