The Small Business Administration (SBA) recently issued a much-anticipated proposed rule “to modify its method for calculating annual average receipts used to prescribe size standards for small businesses.” Specifically, consistent with the Small Business Runway Extension Act of 2018—about which we have reported extensively in previous blog posts in January 2019 and December 2018 twice
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.
To Reserve or Not to Reserve? Maintaining Claims against the Government
Contractors do not have to waive future claim rights when negotiating the direct cost of a change order (modification) with the government, despite banter by the contracting officer that reservation of claims is not permitted. More often than not, the contracting officer will inform the contractor that it is necessary to incorporate the following language