Construction Law

OSDBU Seeks Guidance on Revisions to Verification Guidelines

Posted on May 21, 2013
By: Edward T. DeLisle & Maria L. Panichelli On May 13, 2013, the Department of Veterans Affairs' ('the VA') Office of Small Disadvantaged Business ('OSDBU') published an advanced notice of proposed rulemaking, asking the public for guidance on how best to revise its verification regulations...

Ceiling Shattered for Women-Owned Small Businesses

Posted on May 15, 2013
By: Edward T. DeLisle and Maria L. Panichelli We've all heard about the 'glass ceiling' experienced by women in the workplace. The term 'glass ceiling' first appeared in an article published by the Wall Street Journal in 1986 and was used to describe the invisible barriers that women faced as they tried to climb the corporate ladder...

Miles Construction, LLC v. United States, No. 12-597C (Feb. 14, 2013), A Primer on Due Process

Posted on May 03, 2013
By Edward T. DeLisle and Maria Panichelli Back in February, we provided readers with an overview of a case that we litigated at the end of last year, Miles Construction, LLC v. United States, No. 12-597C (Feb. 14, 2013). The major focal point of the decision was the court's ruling that 'a standard right of first refusal is a ‘normal commercial practice,'' which does not hinder an SDVOSB's ability to comply with the VA's 'unconditional ownership' requirement...

SBA Provides Veteran Owners an Opportunity to Discuss Concerns about SDVOSB Programs

Posted on May 02, 2013
By: Edward T. DeLisle & Maria L. Panichelli Next week, the Small Business Administration ('SBA') is giving SDVOSBs a rare opportunity to voice their concerns about government small business programs -- publicly, and directly to the SBA itself. Yes, you read that correctly...

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Is the VA Violating the Small Business Act?

Posted on April 15, 2013
By: Edward T. DeLisle & Maria L. Panichelli It's not all that surprising when contactors question the Department of Veterans Affairs' authority, especially those who are denied SDVOSB verification.  It's a little surprising, however, when members of Congress do it...

Supreme Court to Consider Contractor's Ability to Secure "Home Court" Advantage

Posted on April 09, 2013
By: Edward T. DeLisle & Robert Ruggieri Last week the U.S. Supreme Court announced that it will review an important Circuit Court case, which focuses on the enforceability of forum selection clauses.  These contract clauses identify where parties must litigate claims in the event of a dispute...

Should a Contractor Submit an REA or a Claim?

Posted on March 26, 2013
By: Michael H. Payne The question of whether to submit a Request for an Equitable Adjustment, commonly referred to as an 'REA,' or a claim, is one that clients ask on a frequent basis. It is not always an easy question to answer and our advice depends upon the history of the dispute, and the nature of the relationship with the Contracting Officer and his, or her, representatives...

Feds Weigh in on Texting

Posted on March 25, 2013
By: Edward T. DeLisle & Maria L. Panichelli Our last blog article focused on the ability of an SDVOSB to control his company remotely thanks to the advancements of technology. Well, technology can be both a blessing and a curse. It can allow you to work from pretty much anywhere, but, as we all know, there are certain places where you should simply avoid using the technology available to you, such as when you are behind the wheel...

Remote Control

Posted on March 20, 2013
By: Edward T. DeLisle & Maria L. Panichelli In today's world, it is not at all uncommon for employees, or even owners of companies, to 'telecommute' or 'work remotely' from time to time. It's one of the many great things that technological advancement has provided...

FAR Counsel Expected to Finalize Proposed Rule Requiring Accelerated Payment to Small-Business Subcontractors

Posted on March 18, 2013
By: Edward T. DeLisle & Maria L. Panichelli The Federal Acquisition Regulatory Council ('FAR Council') is expected to finalize as many as nine regulations in the upcoming year. One of the most interesting of the proposed rules would require prime contractors to accelerate payments to small business contractors...

The SDVOSB Verification Process is Changing

Posted on March 07, 2013
By: Edward T. DeLisle Since 2010, when the VA instituted its process to verify service-disabled, veteran-owned small businesses, we have received call after call from companies that have been denied verification. Denial, of course, can have a devastating effect...

NDAA Makes Important Improvements to Women-Owned Business Program

Posted on February 22, 2013
By: Edward T. DeLisle & Maria L. Panichelli We recently posted an article discussing changes to the limitations on subcontracting rules for small business federal contractors.  The changes were marshaled in by Congress as part of the 2013 National Defense Authorization Act ('NDAA' or 'the Act'), which actually includes a number of other changes affecting small business contractors...

Cohen Seglias Wins Big Case for Service-Disabled Veteran-Owned Small Businesses

Posted on February 19, 2013
By: Edward T. DeLisle For many Veterans and Service-Disabled Veterans attempting to do business with the Department of Veterans Affairs, the hope outlined in the Veterans Benefits, Health Care, and Information Technology Act of 2006 (the 'Act') has largely been elusive...

Congress Enacts Major Changes Regarding Limitations on Subcontracting

Posted on February 11, 2013
By: Edward T. DeLisle & Maria L. Panichelli On January 3, President Obama signed into law the 2013 National Defense Authorization Act ('NDAA' or 'the Act').   The Act seeks to change a number of acquisition provisions applicable to contractors doing business with the federal government...

Ties that Bind: Be Careful the Person Directing Your Work Has Authority to Bind the Government

Posted on February 08, 2013
By: Edward T. DeLisle & Maria L. Panichelli We've warned you before against relying on informal, or oral, directives from a Contracting Officer; get it in writing!   A recent case before the Armed Services Board of Contract Appeals reminds us that contractors also need to be wary about who from the government is giving those directives...

National 8(a) Association 2013 Winter Conference

Posted on January 29, 2013
Michael Payne & Ed DeLisle will be presenting at the National 8(a) Association 2013 Winter Conference in Orlando, FL on February 5th. They will be speaking on the topic How to Win Federal Contracts and Make a Profit. The conference is being held at the Disney World Yacht Club Resort and tickets are still available...

Presentation & Networking Cocktail Reception - Avoiding the Pitfalls in Federal Construction Contracting

Posted on October 03, 2012
Please join our Federal Contracting Practice Group for a Networking Cocktail Reception preceded by a precise presentation on Avoiding the Pitfalls in Federal Construction Contracting. This networking event will facilitate interaction between large and small businesses that are looking to understand how to win federal construction contracts...

Can a Contractor ever ask the Government for Attorney's Fees?

Posted on September 24, 2012
By: Edward T. DeLisle We are frequently asked whether attorneys fees are recoverable as part of the federal claims procedure. The answer is sometimes. A case just decided by the Court of Appeals for the Federal Circuit assists in explaining when such a recovery is possible...

FAR Council Implements Final Rule; Contractors Now Required to Report Subcontractor Awards and Executive Compensation

Posted on September 14, 2012
By: Edward T. DeLisle & Maria L. Panichelli On August 27, 2012, FAR council issued a final rule entitled Reporting Executive Compensation and First-Tier Subcontract Awards ('the Rule'). Although this Final Rule was implemented just last month, it has been a topic of discussion on Capitol Hill for over six years...

Comment Period on Revised Small Business Size Standard for Dredging Ends Monday, September 17, 2012

Posted on September 14, 2012
By: Joseph A. Hackenbracht  On July 18, 2012, the Small Business Administration published a proposed increase in the small business size standard for 'Dredging and Surface Cleanup Activities' from $20 million to $30 million in average annual receipts...

Individual Sureties and the Hazards of the Irrevocable Letter of Credit

Posted on September 12, 2012
By: Robert E. Little, Jr. Several months ago, I was asked to present testimony before House Subcommittee on Courts, Commercial and Administrative Law on the subject of individual sureties. See http://judiciary.house.gov/hearings/Hearings%202012/Little%2003052012...

BEWARE OF UNDERBIDDING - FALSE CLAIMS ACT APPLIES TO 'BUYING IN'

Posted on September 07, 2012
By: Edward T. DeLisle & Maria L. Panichelli We've warned you before: the False Claims Act should be taken seriously. In recent years, the government has been increasingly willing to wield the provisions of the FCA as weapons, zealously punishing offending federal contractors...

SAM - A One-Stop-Shop for Federal Contractors

Posted on August 02, 2012
By: Edward T. DeLisle & Maria L. Panichelli The federal government's much-anticipated new contractor registration system, 'SAM' was launched on July 30, 2012. SAM (short for System for Award Management) replaces the former Central Contractor Registration (CCR) system, and will ultimately integrate eight federal procurement systems (CCR, FedReg, ORCA, EPLS, CFDA, eSRS, FBO, FPDS-NG, FSRS, PPIRS, WDOL), along with the Catalog of Federal Domestic Assistance, into a new, streamlined system...

SBA Expands the Definition of "Small" Business with Regard to Dredging and Land Subdivision Contracts

Posted on July 20, 2012
By: Edward T. DeLisle & Maria L. Panichelli   Yesterday, the U.S. Small Business Administration ('SBA') proposed certain size standard changes, which could expand the number of contractors eligible for 'small' business status in relation to construction contracts under NAICS Code 23...

Accelerating Payments to Small Business Subcontractors

Posted on July 13, 2012
By: Michael H. Payne The recession (which really is not over, despite what the economists have to say), has led to greater emphasis by the federal government on assuring prompt payment to government contractors. In fact, on September 14, 2011, the Office of Management and Budget (OMB) issued Memorandum 11-32, "Accelerating Payments to Small Business for Goods and Services...

When Certifying a Claim is Required, Do Yourself a Favor...Don't be Creative

Posted on July 12, 2012
By: Edward T. DeLisle & Maria L. Panichelli When it comes to problem-solving, we are often encouraged to 'think outside the box.' The idea is to be creative; to look beyond the norm. Well, when it comes to certifying a claim, you're probably better off simply doing what the FAR tells you to do...

A Year at a Glance - the WOSB Program

Posted on June 26, 2012
By: Edward T. DeLisle & Maria L. Panichelli Last year, after over a decade of discussion, the Small Business Administration (SBA) finally implemented a federal contracting program specifically designed to assist small businesses owned by women. This program authorizes contracting officers to set aside federal contracts for eligible WOSBs (woman-owned small businesses) and EDWOSBs (economically disadvantaged women-owned small businesses)...

What Was Good For Federal Construction Contractors Was Not So Good For One Contractor

Posted on June 25, 2012
By: Joseph A. Hackenbracht From August 2, 2002 until July 14, 2004, Todd Construction, a general contractor located in Oklahoma, was awarded five indefinite delivery/indefinite quantity (ID/IQ) contracts by the Savannah District of the Corps of Engineers for design and construction of projects in Georgia, North Carolina, and South Carolina...

Relying on a Contracting Officer's Advice Could Cost You Your Contract

Posted on June 20, 2012
By: Edward T. DeLisle & Maria L. Panichelli Be careful what you ask for, or, in the context of federal government contracting, be careful how you ask and how the government responds. If you're not careful, you may get what you ask for, but lose a contract...

Court Throws Out Government Claim for Excess Reprocurement Costs

Posted on June 15, 2012
By: Edward T. DeLisle If a government agency terminates a construction contractor for default, it cannot then sit on its hands. The agency must re-procure and complete that project within some reasonable amount of time. Failure to do so may result in the dismissal of any subsequent claim for excess costs to reprocure and finish the work...

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