I sometimes suggest that a government subcontract include a so-called “pass-through” dispute resolution provision, in which the prime contractor agrees to sponsor its subcontractor’s claims against the government. A recent Armed Services Board of Contract Appeals case demonstrates why pass-through provisions can be so important.
In its decision, the ASBCA held that a subcontractor lacked a valid claim against the government–and therefore, had no ability to pursue relief at the ASBCA.
Last week, I offered my take on the February 22, 2016 oral argument in Kingdomware Technologies, Inc. v. United States. Now you can listen for yourself.
The Supreme Court has posted an audio recording of the hearing, as well as the transcript. To listen to the audio or read the transcript, just follow this link.
It was a busy week for me in Washington, DC. The highlight was attending oral arguments in Kingdomware Technologies v. United States on Monday. Although I was supposed to head back to Lawrence Wednesday night, a bout of severe weather led to the cancellation of my flight–and two extra unscheduled nights in DC.
Now that I’m finally back here in Lawrence, it’s time for our weekly dose of government contracting news. In this week’s SmallGovCon Week In Review, SAM problems lead to a pre-award protest, an uphill battle for women-owned businesses seeking federal contracts, the “worst website in government” is getting an upgrade and much more.
An 8(a) mentor-protégé agreement, which expired one year after its approval by the SBA, did not protect the 8(a) protégé and its mentor from affiliation–and meant that their 8(a) mentor-protégé joint venture was an ineligible large business.
A recent size appeal decision of the SBA Office of Hearings and Appeals is a cautionary tale for 8(a) protégé and their mentors, and highlights the importance of securing timely SBA reauthorization of 8(a) mentor-protégé agreements.
Monday was a big day for SDVOSBs and VOSBs, as the Supreme Court heard oral arguments in Kingdomware v. United States. I was in the courtroom for the oral arguments, and yesterday I gave a webinar on the case.
The webinar explains the factual and legal importance of Kingdomware, discusses my impressions from the oral argument, and answers many great questions posed by audience members. The webinar is now available on the Koprince Law LLC YouTube channel. To view it, just follow this link. And of course, bookmark our YouTube channel for other videos and webinars about important government contracting legal matters.
The Supreme Court heard oral arguments in Kingdomware Technologies Inc., v. United States this morning. I was in the courtroom as counsel for Kingdomware and the government did their best to answer the questions of eight Justices.
Here are my first impressions.
Next week I will be in Washington, DC to sit in on the Kingdomware Technologies, Inc. v. United States oral arguments. I will be following that up with a blog post on Monday afternoon, a live Twitter Q&A session at 10am EST on Tuesday, February 23 and a free webinar at noon EST (also on Tuesday) detailing what I heard at the hearing.
If you are interested in joining the webinar you can register here and if you want to partake in the Twitter Q&A you can tweet your questions to me @StevenKoprince. On Monday and Tuesday, it’s all about Kingdomware. In the mean time we bring you our weekly dose of news from around the nation. In this week’s SmallGovCon Week in Review, we take a look at how humans in lieu of technology are leading the charge against procurement fraud, Federal News Radio shines light on the frustrations with GSA, a four-year jail sentence in a kickback scheme, and more.