The Monkey’s Paw of Forced Arbitration

May 30, 2019

By Tyler Freiberger, Esq., After a hard fight battle over arbitration agreements, many employers are learning to be careful what they wish for. In the past decade, the U.S. Supreme Court has slowly and consistently empowered forced arbitration clauses. As of last year’s decisions in Epic Systems Corp. v. Lewis, NLRB v. Murphy Oil USA… Read more »


Changing A Negative CPARS Rating: A (Real) Second Bite at the Apple

May 23, 2019

By William Weisberg, Esq., Everyone “knows” that past performance is a critical part of both Best Value and LPTA competitive procurements. Everyone “knows” that CPARS ratings are the gold standard for demonstrating past performance. And everyone “knows” that once a CPARS rating is in the system, contractors are stuck with that rating: good, bad, or… Read more »


CPARS: It’s a Ratings Game

May 9, 2019

By Angel N. Davis, As a government contractor, you should understand that the Contractor Performance Assessment Report (CPAR) may very well be a predictor of how your organization might fair with future business opportunities. But don’t panic; having a better understanding of the ratings and the value of the CPAR will help you to develop a… Read more »


Women-Owned Small Business Set-Asides Remain Only Small Percentage of Overall Federal Contracts

May 2, 2019

By Heather Mims, Esq. On April 15, 2019, the Government Accountability Office (GAO) publicly published a report regarding the Women-Owned Small Business Program (WOSB) at the request of Congress. The report identified several oversight deficiencies with the WOSB program. Overall, despite an increase of more than two million women-owned firms between 2007 and 2012, agencies… Read more »


Billion Dollar Task Order Protest Sustained Due to Price Determination

Mar 27, 2019

By Tyler Freiberger, One of the most common frustrations in preparing bid protests for government contractors is the feeling that protests centered on stark price differences are dead on arrival due to the vague nature of “price reasonableness evaluations” and the seemingly infinite deference a federal agency has on that determination. However, as shown in… Read more »


Best Practices for Best In Class Contract Management

Mar 6, 2019

By Angel N. Davis, Once upon a time, most Government Contracting firms were small. As we all know, growing a business is no small achievement and requires a tremendous amount of perseverance, hard work and a dedicated team focused on delivering exceptional products and services to your customers. Building It Government Contracting businesses have the potential… Read more »


Actual False Claim Not Needed For Viable FCA Retaliation Claim?

Feb 21, 2019

By David Warner Last month, a divided U.S. Court of Appeals for the First Circuit ruled that a plaintiff adequately alleges “protected activity” under the False Claims Act’s whistleblower protection provision. This provision is where individuals report concerns related to conduct, that could reasonably lead to a viable FCA action. The First Circuit reversed the… Read more »


Federal IT Modernization: Why It’s Important to Government Contractors in 2019

Feb 15, 2019

By Barbara S. Kinosky, Esq. There’s a revived focus on the topic and implementation of Information Technology modernization within the federal government in 2019. IT drives innovation and innovation is the most direct route to business success. Innovation in government contracting has the same impact that steam had on the industrial revolution. In fact, it’s hard to… Read more »