Recent Governmental decision may benefit contractors on breach of duty of good faith, fair dealing claims

By Brian Wilbourn It is likely that most prime contractors, at one time or another, have felt that their Government customer was not treating them fairly.  It is not always clear, however, when conduct that the contractor views as unfair or uncooperative goes so far as to constitute a breach of contract.  A recent decision from the Federal Circuit Court of Appeals has provided important clarifications to this question, which should benefit contractors in pursuing claims against the Government for . . . Read More

Do You Own the Intellectual Property Created by Your Employees?

With the days of patent and copyrights applying mainly to tangible objects being long gone, data and patent rights are becoming more important than ever. Now, every process, software, procedure, and other intellectual property (“IP”) created by your company has real value and is often patentable or copyrightable. Most companies likely assume that if an employee creates IP within the scope of his/her employment then the rights to that property vest with the employer. This, however, is a dangerous assumption. . . . Read More

Selecting the Right Employee Incentive Plan Can Be Tricky

The purpose of an employee incentive plan, regardless of the specific type or form that it takes, is to more closely align a key employee’s financial interests with the company’s. The company owners’ challenge when developing and implementing an employee incentive plan is to strike the right balance between allowing key employees to share in the company’s upside success, while at the same time protecting the company’s downside risk in the event one or more of the key employees fails . . . Read More

Dissatisfied with an Unsatisfactory Rating? Contractor Options for Challenging CPARS

By Megan Connor This blog article has been updated due to changes in the regulations.   To read the latest version, please click here . Confronted with an unfavorable interim or final Contractor Performance Assessment Report System (“CPARS”) rating, the first question clients ask us is, “What can we do?” The answer: challenge it. The FAR provides that contractors must be given a minimum of 30 days to submit comments, rebutting statements, or additional information upon receipt of a CPARS. If you disagree with anything in a CPARS, . . . Read More

The Benefits of Intervention

By Alex Levine You’ve just secured a high dollar government contract award. After weeks of proposal preparation effort, thousands of dollars in costs, and months of waiting, your business stands to receive a major boon. Then comes the email. The contract award has been protested by a losing offeror and the award is on hold. What should you do? It may seem reasonable to simply trust that the government will adequately defend the award against protest. Such an approach comes . . . Read More

Small Business Construction Contractors Must Voice Their Concerns

Is your construction company in compliance with the Small Business Administration’s (“SBA’s”) limitations on subcontracting requirement? Are you positive? If you are a small business general construction contractor and you feel somewhat skittish of these types of questions, you can take some comfort in knowing that you are not alone. The federal construction industry is undoubtedly popular. However, it is also complicated, particularly when it comes to determining whether your small business is self-performing enough work. Not knowing—at least, not . . . Read More

Take Me Out to the Ballgame!

  Nationals Park in Washington, DC is home of the Washington Nationals and the venue for many great concerts and events. But did you know that government contractors across the country may be sharing in the costs for the park? Well it is true and it should be on the radar screen of any contractor generating receipts within the District. The revenues received by the District from the ballpark fee are deposited into the Ballpark Revenue Fund and used for . . . Read More

Right-Sized: How a Contractor and its Outside Counsel Adjusted a GSA Schedule BPA RFQ to the Appropriate Size Standard

Last summer, we helped a contractor with a case that had all of the plot twists of a Hollywood blockbuster.  The case involved an RFQ for a blanket purchase agreement (“BPA”) under a GSA Schedule Contract.  There were multiple Special Item Numbers (“SINs”) on the schedule, with different NAICS codes and size standards.  The procuring agency issued the RFQ as a total set-aside for small businesses, but the terms of the RFQ were unclear as to how size would be . . . Read More