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New Firm Announcement - Payne Hackenbracht & Sullivan Specializes in Government Contract Law
Practice Areas - Dredging
Practice Areas - Environmental Remediation
Practice Areas - Federal Construction Contracting
Practice Areas - Federal Supply Contracting
Practice Areas - Marine Contracting
Practice Areas - State & Local Public Contracting
What is our Government Contracts Database?
Government Contracts Database
Government Contracts Database - Table of Contents
Claims and Cost Recovery
Acceleration
Application of Variations in Estimated Quantities Clause
Burnett Construction Co. v. U.S.
Calculation of Adjustment under VEQ Clause
Foley Company v. U.S.
Variations in Estimated Quantities
Variation in Estimated Quantity - Dredging
Variation in Estimated Quantity
Changes Table of Contents
Changes - Claims
Claim Preparation Table of Contents
Federal Acquisition Reform Act of 1995 (FARA)
Commercial Impracticability
Constructive Acceleration
Cost or Pricing Proposals Table of Contents
Allowable Costs
Claim Preparation and Consultant Costs
Cost or Pricing Proposals
Equitable Adjustment for Cost of Deleted Work
Extra Work - Equitable Adjustment
Government Audit
Federal Government Accounting
Reasonable Cost
Unilateral Modifications
Cost-Reimbursement Contracts
Unilateral Change
Sample Reservation of Rights Clause
Unilateral Change Order - Defined
Damage Calculations Table of Contents
Equipment Rates
Additional Mobilization\Demobilization
Blue Book
Internal Equipment Rates
Standby
Equitable Adjustment - Profit
Proof of Costs
Importance of Quantum
Sample Board of Contract Appeals Proof of Cost Order
Defective Design
Defective Specifications
Interpretation of Specifications
Contra Proferentum
Contra-Proferentum
Delay Table of Contents
Additional Equipment Costs
Concurrent Delay
Extended Overhead
Eichleay Decision - Court of Appeals
Eichleay Formula
Eichleay Formula - Guidance to Government Auditors
Eichleay Formula Narrative
Suspension Clause - No Profit
Increased Insurance and Bond Costs
Increased Labor Costs
Increased Supervision Costs
Increased Material Costs
Subcontractor Costs
Denial of Site Access
Delay in Issuance of Notice to Proceed
Differing Site Conditions Table of Contents
Differing Site Condition - Type II
Differing Site Conditions - Contract Indications
Misleading Plans and Specifications
Unintentional Misrepresentation as Basis for Claim
Differing Site Conditions - Proof Requirements
Differing Site Conditions - Notice
Dredging Decision - Differing Site Conditions
Implied Representations - Differing Site Condition
Differing Site Condition, Rain
Differing Site Conditions - Type I
Differing Site Condition - Subsurface Water
Soil Borings
Exculpatory Language
Exculpatory - Defined
Site Investigation
Government Duty to Disclose
Specifically Listed Items
Government Interference Table of Contents
Government Interference
Breach of Contract
Timely Decisions
Lack of Cooperation
Late Payment
Review of Submittals
Implied Warranty in Specifications
Design Versus Performance Specifications
Implied Warranty in Specifications
Method of Performance
Interpretation of Specifications Table of Contents
Ambiguity
Ambiguity - Further Explanation
Errors and Omissions
"Bid It As You See It"
Ambiguity - Claims
Mutual Mistake of Fact - Reformation
Reformation of the Contract
Proprietary Specifications
Misrepresentation
Practical Impossibility
Terminations Table of Contents
Termination
Value Engineering
Contract Terms and Conditions
Brand Name Or Equal Products
Buy American Act - Narrative
Buy-American Act
Changes
Duty to Diligently Proceed with Performance
Equitable Adjustment
Davis-Bacon Act - Narrative
Davis-Bacon Act
Davis-Bacon Act Fact Sheet
Deductive Change
Inspection and Acceptance Table of Contents
Liquidated Damages
Substantial Completion
Materials and Workmanship
Payment - Fixed Price Construction
Prompt Payment Act
Permits & Responsibilities
Suspension of Work - Narrative
Termination for Convenience - Narrative
Termination for Default - Clause
THE LIBERTATIA ASSOCIATES, INC. v. US
Title Here
Contingencies in Federal Contract Bidding
Value Engineering - Narrative
Variations in Estimated Quantities Table of Contents
Copyright Notice
Copyright Notice
Disputes
Appeals Table of Contents
Administrative Hearing
Importance of Fact Presentation
Presentation of Termination Case
Board of Contract Appeals - Addresses
Choice of Forum
Court of Appeals for the Federal Circuit
Equal Access to Justice Act - Narrative
EAJA Rules - VA Board
EAJA- Board Interim Procedures
Equal Access to Justice Act (EAJA)
Extraordinary Contractual Relief
Extraordinary Contractual Relief - Public Law 85-804
Partnering
Summary Judgment
Claims Table of Contents
Claim Certification - Contract Disputes Act
Contract Disputes Act Certification
Negotiation
Negotiation Procedures - Corps of Engineers
The Disputes Procedure Table of Contents
Subcontractor Claims and Prime Contractor Responsibility
Procurement Procedures
Bid Protest Procedures Table of Contents
Agency Protest
Bid Protests
Competition in Contracting Act
Competition in Contracting - Civilian
Competition in Contracting - Defense
GAO Decision - Failure to Place on Bidders List
GAO Decision - Restrictive Competition
GAO Bid Protest Regulations
Bid Protest Filings by E-Mail
GAO Guidelines for Protest Hearings
Preventing the Opening of Bids By Obtaining a Temporary Restraining Order and Preliminary Injunction
Sec. 3554 - Decisions on Protests
Standards for Injunctive Relief
Public Interest in Federal Contracting
Contracting by Negotiation Table of Contents
Basis for Award
Competitive Advantage
Contracting By Negotiation
Cost Realism
Discussions With Offerors
Evaluation of Proposals
Adjectival Ratings
Technical Ratings
Past Performance
Price/Technical Tradeoff
Protests Against Improper Evaluations
Standard of Review - Bid Protests
Impresa Construzioni Geom. Domenico Garufi v. United States (No. 99-5137)
Summary Judgment in Bid Protest Cases
Glossary of Procurement Terms
Bid Protests
Bilateral Change Order
Contracting By Negotiation
Discussions
Firm Fixed-Price Contract
Lump Sum or Unit Price in Federal Contracts
October 1997 Changes to FAR, Part 15 - Per FAC 97-2
FAR Part 15 - Frequently Asked Questions
Litigating Disputes - Appeals
Appeal - Time-Consuming
Litigation Risk
Supplemental Agreement
Important Laws and Regulations Table of Contents
Equal Access to Justice Act (EAJA)
FAR Part Table of Contents
FAR - Appendix Cost Accounting Preambles and Regulations
FAR - Part 18 [Reserved]
FAR - Part 20 [Reserved]
FAR - Part 21 [Reserved]
FAR - Part 38 Federal Supply Schedule Contracting
FAR - Part 40 [Reserved]
FAR Appendix (Continued)Cost Accounting Preambles and Regulations
Foreword
Subpart 52.3 Provisions and Clauses Matrix
Freedom of Information Act ("FOIA")
Important Laws and Regulations
Miller Act
Miller Act - 40 U.S.C. 3131, et. seq.
Subcontractor Bond Coverage on Public Contracts
The Federal Acquisition Streamlining Act
Novation
Sample Novation Agreement
Novation Agreement - Sample List of Attachments
Post Award Table of Contents
Post-Award Problems
Sealed Bidding Table of Contents
Agency Procedures
Bid Bond - Responsiveness
Extent of Bond Coverage on Public Contracts
Waiver of Bid Guarantee
Clerical Mistakes
Instructions to Bidders
Late Bids or Offers
Limits on Use of Individual Sureties
Mistake in Bid
Mistake in Bid - Upward Correction
Plans and Specifications
Title Here
Pre-bid Clarification
Representations and Certifications
Responsibility
GAO Decision - Responsibility
Responsibility Opinion - Criminal Conduct of Employees
Responsiveness
Bidder's Checklist - Construction\Dredging
GAO Decision - Responsiveness
GAO Decision - Unsigned Bid
Sealed Bidding
Minimum Needs
Solicitation Amendments
Failure to Acknowledge Wage Rate Amendment
Solicitation Format-Standard Form 1442
Solicitation Requirements
Unbalanced Bidding
GAO Decision - Unbalanced Bidding
Small Business Administration Matters Table of Contents
Certificate of Competency (COC)
GAO Review of SBA Decision on Certificate of Competency
HUBZone
13 CFR Part 126 - HUBZone Program
Federal Acquisition Regulations - Set Aside and Sole Source Provisions
HUBZone Frequently Asked Questions
Small Business Act - Section 8(a)
Small Business Administration Matters
Small Business Bond Indemnification
Small Disadvantaged Business
Responding To Government Defenses
Allegations of Fraud Table of Contents
"Qui Tam" Actions
Conspiracy to Commit Fraud - 18 USC 286
DOD Inspector General: Handbook on Indicators of Fraud in DoD Procurement (June 1987)
False Claims Act - Narrative
False Claims - 18 USC 287
Fraud and False Statements - 18 USC 1001
Suspension and Debarment
Debarment - Administrative Settlement
Administrative Agreement
Availability of Settlement
Debarring Official
Suspension and Debarment Table of Contents
Defacto Debarment
Typical Government Arguments Table of Contents
Accord and Satisfaction
Accord and Satisfaction - Exceptions
Modification
Release
Time Extensions
Cumulative Impact
Cardinal Change
Disruption
Calculation of Damages
Claims - Procedural Requirements
Claim Detail - Board Jurisdiction
Demand, Contracting Officer's Decision
Disputes Process - Asserting Claims
ASBCA Rules
Alternative Dispute Resolution (ADR)
Discovery
Attorney Work Product Privilege
Attorney-Client Privilege
Deposition Guidelines
Government Policy - Efficient Litigation
Mini-Trial
Notice Regarding Alternative Methods of Dispute Resolution
Contract Disputes Act of 1978
Sample Board Assisted ADR Agreement
Note: Deemed Denial
Note: Time for Filing an Appeal
Claim Preparation
"New" Claims Must Be Submitted to Contracting Officer
Proof
Responding To Government Defenses
Privity of Contract
Documentation
Bid - Anticipating Costs
Freedom of Information Act
Freedom of Information Act
Freedom of Information Act - Narrative
Electronic Freedom of Information Act Amendments of 1996
Freedom of Information Act ("FOIA")
Government Estimate
Government Estimate Note
Reliance on Accuracy of Government Estimates of Quantities
Non-Routine Request for Payment
The Contract Disputes Act of 1978, As Amended
Treasury Interest Rate Table
Total Cost Approach
Entitlement - Quantum
Estimated Costs
Impact Costs
Constructive Change
Loss of Efficiency
Labor Shortages
Winter Weather
Contractor Delay
Delay
Compensable Delay
Entitlement to Profit on Delay Claims
Delay Analysis
Critical Path
Early Completion
Excusable and Non-Excusable Delays
Unusually Severe Weather
Economic Duress
Fair Dealings
Government Duty to Cooperate
Failure to Comply with Specifications
Inadequate Manpower or Improper Equipment
Lack of Notice
Equivalent of Notice
Notice
Latent Defects
Economic Waste
Inspection of Construction
Over-inspection
Unreasonable Testing Standards
Poor Management
Poor Workmanship
48 CFR 236.2 - Performance Evaluation
Unreasonable Rejection
"Ripple Effect"
Superior Knowledge
Termination for Default - Narrative
Termination for Default Improper
Testing Procedures
Changes - Equitable Adjustment
Prior Course of Dealing
Standards of Contract Interpretation
Order of Precedence
Board Decision - Order of Precedence
Trade Custom and Usage
Higher Standard of Performance
The Government Contractor Defense
Typical Government Defenses
Federal Acquisition Regulation
FAR - Part 11 Describing Agency Needs
FAR - Part 39 Acquisition of Information Technology
FAR - Part 15 Contracting by Negotiation
FAR - Part 32 Contract Financing
FAR - Part 30 Cost Accounting Standards Administration
FAR - Part 49 Termination of Contracts
FAR - Part 19 Small Business Programs
FAR - Part 10 Market Research
FAR - Part 13 Simplified Acquisition Procedures
FAR - Part 14 Sealed Bidding
FAR - Part 16 Types of Contracts
FAR - Part 4 Administrative Matters
FAR - Part 6 Competition Requirements
FAR - Part 26 Other Socioeconomic Programs
FAR - Part 7 Acquisition Planning
FAR - Part 2 Definitions of Words and Terms
FAR - Part 28 Bonds and Insurance
FAR - Part 50 Extraordinary Contractual Actions
FAR - Part 53 Forms
FAR - Part 29 Taxes
FAR - Part 46 Quality Assurance
FAR - Part 48 Value Engineering
FAR - Part 34 Major System Acquisition
FAR - Part 23 Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace
FAR - Part 3 Improper Business Practices and Personal Conflicts of Interest
FAR - Part 17 Special Contracting Methods
FAR - Part 27 Patents, Data, and Copyrights
FAR - Part 36 Construction and Architect -- Engineer Contracts
FAR - Part 22 Application of Labor Laws to Government Acquisitions
This section contains FAR 52.232 through 52.236
FAR - Part 37 Service Contracting
FAR - Part 42 Contract Administration and Audit Services
FAR - Part 12 Acquisition of Commercial Items
FAR - Part 31 Contract Cost Principles and Procedures
FAR - Part 33 Protests, Disputes, and Appeals
FAR - Part 35 Research and Development Contracting
FAR - Part 43 Contract Modifications
FAR - Part 47 Transportation
This section contains FAR 52.227 through 52.231
This section contains FAR 52.237 through 52.245
FAR - Part 41 Acquisition of Utility Services
FAR - Part 44 Subcontracting Policies and Procedures
FAR - Part 45 Government Property
FAR - Part 51 Use of Government Sources by Contractors
FAR - Part 5 Publicizing Contract Actions
FAR - Part 25 Foreign Acquisition
FAR - Part 9 Contractor Qualifications
FAR - Part 24 Protection of Privacy and Freedom of Information
FAR - Part 8 Required Sources of Supplies and Services
This section contains FAR 52.215 through 52.219
This section contains FAR 52.220 through 52.226
PART 52 Solicitation Provisions and Contract Clauses
FAR - Part 1 Federal Acquisition Regulation System
FAR 52.246 through the end of part 52
13_CFR_121
1999 CFR Title 13, Volume 1
Sec. 121.1001 Who may initiate a size protest or request a formal size determination?
Sec. 121.1002 Who makes a formal size determination?
Sec. 121.1003 Where should a size protest be filed?
Sec. 121.1004 What time limits apply to size protests?
Sec. 121.1005 How must a protest be filed with the contracting officer?
Sec. 121.1006 When will a size protest be referred to an SBA Government Contracting Area Office?
Sec. 121.1007 Must a protest of size status relate to a particular procurement and be specific?
Sec. 121.1008 What happens after SBA receives a size protest or a request for a formal size determination?
Sec. 121.1009 What are the procedures for making the size determination?
Sec. 121.101 What are SBA size standards?
Sec. 121.1010 How does a concern become recertified as a small business?
Sec. 121.102 How does SBA establish size standards?
Sec. 121.103 What is affiliation?
Sec. 121.104 How does SBA calculate annual receipts?
Sec. 121.105 How does SBA define "business concern or concern"?
Sec. 121.106 How does SBA calculate number of employees?
Sec. 121.107 How does SBA determine a concern's "primary industry"?
Sec. 121.108 What are the penalties for misrepresentation of size status?
Sec. 121.1101 Are formal size determinations subject to appeal?
Sec. 121.1102 Are SIC code designations subject to appeal?
Sec. 121.1103 What are the procedures for appealing a SIC code designation?
Sec. 121.1201 What is the Nonmanufacturer Rule?
Sec. 121.1202 When will a waiver of the Nonmanufacturer Rule be granted for a class of products?
Sec. 121.1203 When will a waiver of the Nonmanufacturer Rule be granted for an individual contract?
Sec. 121.1204 What are the procedures for requesting and granting waivers?
Sec. 121.1205 How is a list of previously granted class waivers obtained?
Sec. 121.201 What size standards has SBA identified by Standard Industrial Classification codes?
Sec. 121.301 What size standards are applicable to financial assistance programs?
Sec. 121.302 When does SBA determine the size status of an applicant?
Sec. 121.303 What size procedures are used by SBA before it makes a formal size determination?
Sec. 121.304 What are the size requirements for refinancing an existing SBA loan?
Sec. 121.305 What size eligibility requirements exist for obtaining business loans relating to particular procurements?
Sec. 121.401 What procurement programs are subject to size determinations?
Sec. 121.402 What size standards are applicable to procurement assistance programs?
Sec. 121.403 Are SBA size determinations and SIC code designations binding on parties?
Sec. 121.404 When does SBA determine the size status of a business concern?
Sec. 121.405 May a business concern self-certify its small business size status?
Sec. 121.406 How does a small business concern qualify to provide manufactured products under small business set-aside or MED procurements?
Sec. 121.407 What are the size procedures for multiple item procurements?
Sec. 121.408 What are the size procedures for SBA's Certificate of Competency Program?
Sec. 121.409 What size standard applies in an unrestricted procurement for Certificate of Competency purposes?
Sec. 121.410 What are the size standards for SBA's Section 8(d) Subcontracting Program?
Sec. 121.411 What are the size procedures for SBA's Section 8(d) Subcontracting Program?
Sec. 121.412 What are the size procedures for partial small business set-asides?
Sec. 121.413 What size must a concern be to be eligible for the Very Small Business program?
Sec. 121.501 What programs for sales or leases of Government property are subject to size determinations?
Sec. 121.502 What size standards are applicable to programs for sales or leases of Government property?
Sec. 121.503 Are SBA size determinations binding on parties?
Sec. 121.504 When does SBA determine the size status of a business concern?
Sec. 121.505 What is the effect of a self-certification?
Sec. 121.506 What definitions are important for sales or leases of Government-owned timber?
Sec. 121.507 What are the size standards and other requirements for the purchase of Government-owned timber (other than Special Salvage Timber)?
Sec. 121.508 What are the size standards and other requirements for the purchase of Government-owned Special Salvage Timber?
Sec. 121.509 What is the size standard for leasing of Government land for coal mining?
Sec. 121.510 What is the size standard for leasing of Government land for uranium mining?
Sec. 121.511 What is the size standard for buying Government-owned petroleum?
Sec. 121.512 What is the size standard for stockpile purchases?
Sec. 121.601 What is a small business for purposes of admission to SBA's Minority Enterprise Development (MED) program?
Sec. 121.602 At what point in time must a MED applicant be small?
Sec. 121.603 How does SBA determine whether a Participant is small for a particular MED subcontract?
Sec. 121.604 Are MED Participants considered small for purposes of other SBA assistance?
Sec. 121.701 What SBIR programs are subject to size determinations?
Sec. 121.702 What size standards are applicable to the SBIR program?
Sec. 121.703 Are formal size determinations binding on parties?
Sec. 121.704 When does SBA determine the size status of a business concern?
Sec. 121.705 Must a business concern self-certify its size status?
Sec. 121.801 May patent fees be reduced if a concern is small?
Sec. 121.802 What size standards are applicable to reduced patent fees programs?
Sec. 121.803 Are formal size determinations binding on parties?
Sec. 121.804 When does SBA determine the size status of a business concern?
Sec. 121.805 May a business concern self-certify its size status?
Sec. 121.901 Can other Government agencies obtain SBA size determinations?
Sec. 121.902 What size standards are applicable to programs of other agencies?
Sec. 121.903 When does SBA determine the size status of a business concern?
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