Government Claim Appeals Nuggets from the ASBCA and CBCA 2023 Annual Reports

Everyone has New Year traditions. Some do resolutions, some take vacations, some simply buy a fun new calendar. Here at SmallGovCon we like reading the different federal contracting annual reports. These annual reports function as almost yearbooks or like a friend’s yearly holiday card that discusses all the highlights of the past year. These annual reports are a great resource for contractors to catch up on what a specific agency or tribunal has been up to, and plan for the year ahead. In this quick review of the CBCA and ASBCA’s annual reports, we will cover some of those takeaways. Who knows, maybe in reading this post, you can find something that gives you your own federal contracting new year’s resolution.

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CPARS Challenges: No Appeals Without Contracting Officer Claim

Ask many government contractors, and they’ll tell you that even a single negative report in the Contractor Performance Assessment Reporting System can have a powerful adverse impact on winning future prime contracts.

Given the importance of these performance reports, it’s little wonder that a contractor on the receiving end of a negative CPAR may want to ask a judge to review the matter. But as one recent case demonstrates, a contractor cannot challenge a CPAR with a judge until the contractor has followed the FAR’s claims process.

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Defense Department Provides COVID-19 Guidance

Last week, we wrote about OMB’s guidance to contracting officers in dealing with the extraordinary challenges caused by COVID-19. Among other things, OMB instructed agencies to be flexible in providing extensions on performance deadline and encouraged open communication with industry partners on the response to COVID-19.

Now, the Department of Defense—the federal government’s largest purchasing unit—has issued its own guidance to constituent agencies.

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Preparing for the Worst

The hot topic of late—for good reason—is the coronavirus (or COVID-19), and its incredible impact on people and the world’s economy. It’s inescapable, and turning on the evening news can be downright scary.

We’re all concerned with how to protect our loved ones from the impact of this outbreak. But for business owners—particularly small business owners—those concerns are compounded by the fear of potential economic hardships that are almost certain to come.

In this post, we’ll discuss suggestions as to how a federal government contractor might prepare for disruptions caused by the coronavirus (or other calamities).

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Federal Government Contractors Can Use Electronic Signatures for Claim Certifications, ASBCA Says

Despite technological advance, some (perhaps even you) still cling to the notion that a signature, written by a human hand, is the only official kind. In other words, if a person doesn’t personally affix his “John Hancock” in cursive script or some other creative form, then the document really isn’t signed.

If this thought sounds familiar, we’re here to liberate you. You are no longer bound like a medieval prisoner to your tube filled with ink. You can use an electronic signature in your contract work with the U.S. Government, including certifications connected to claims submitted under the Contract Disputes Act.

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Contractor Did Not Release Claims for Flood-Caused Delay

I never give much thought to what I’ll do if the unexpected happens. I assume most people don’t. They expect things to go according to plan. As Meridian Engineering Company found out at the U.S. Court of Federal Claims recently, sorting it out when things don’t go to plan can be a long and arduous process.

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Preparing for Contract Performance . . . and Guarding Against Problems

Congratulations! After a hard bidding process, your company has earned an award. But though this award process might’ve been long and tough, potential issues are still ahead.

In our practice, we often hear stories of soured relationships with the government during contract performance. Adverse performance issues can come at a hefty cost—in terms of money, time, and reputation.

Here are some suggestions to help guard against performance disputes with the government.

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