Follow Joe Whitcomb’s legal blogs where he regularly posts new articles affecting government contractors and their dealings with the federal government.  Below are our most recent posts.

Brewing Trademark applications

Crafting a Trademark Application for Your Craft Brew

Authored by Brandon Selinsky Brewing Trademark Applications Brewers and brewery owners, be diligent in your naming. The collaborative solidarity of the brewing community fissured long ago. It’s not gone–there still exists a wonderful collection of craft beer producers who will walk 10 miles uphill both ways in a snowstorm to loan you a sack of […]

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rule of two

Veterans Have to Play to Get Paid-The Rule of Two

By Dan McAuliffe Satisfying the Rule of Two The Veteran’s Administration (VA) is a frequent target for criticism.  However, veterans themselves are responsible for some of that criticism because they fail to participate in programs designed to benefit them. For example in the case of VA procurements where veterans mistakenly assume there will be set-asides […]

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determination of non-responsibility

Latvian Wins Bid Protest Against FedBid for Determination of Non-Responsibility

Fed-Bids Determination of Non-Responsibility Kevin Barnes, the service connected veteran owner of Latvian Connections, filed a pro se pre-award bid protest with the GAO against FedBid, Inc.  FedBid, was acting as an agent for the Department of the Interior, U.S. Geological Survey, in a reverse auction platform and had suspended Latvian, because Latvian had  in […]

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federal bid protest

Fresh Fruits and Vegetables and a Federal Bid Protest

How did fresh fruits and vegetables become the ingredients of a federal bid protest? Raymond Express International, LLC, V. The United States Pre-award federal bid protest Plaintiff Raymond Express Int’l, LLC (REI) filed a pre-award federal bid protest on December 8, 2014 and asked the court to enter the following four questions regarding solicitation, which […]

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government marketplace

Should We Get involved in the Government Marketplace?

Contributed by: Richard F. Busch, II Busch Law Firm L.L.C. 303-904-9439 rich@rbuschlaw.com www.rbuschlaw.com Why Go GovCon? The Federal government spends trillions of dollars annually for a wide range of goods and services to meet mission needs. Current events indicate that one potential factor in the recovering economy will include stable or increasing government procurement budgets. […]

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flagrant disregard

Civilian Board of Contract Appeals Reversed–No Flagrant Disregard for Contract Terms

What Constitutes A Flagrant Disregard For Contract Terms? Businesses that are government contractors are familiar with the government’s enormous amount of discretion.  They are also familiar with the burden involved with convincing a court that the government’s use of its discretion was wrong; but it happens – with good facts. In EM Logging v. Dep’t […]

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GAO bid protests rigid rules

Bid Protests and Rigid Rules

Your Brilliant Grounds for Bid Protests Won’t Matter if You Don’t Follow Strict Procedural Rules When filing GAO bid protests, Strict Compliance with its Regulations is Required. The importance of knowing and understanding the GAO’s rules for bid protests cannot be understated.  The GAO strictly adheres to its regulations – including sending protest filings to the […]

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change orders and time extensions

Change Orders and Time Extensions: Sound Off Early and Often

K-CON BUILDING SYSTEMS, INC., v. US K-Con appealed a federal Claims Court decision to the US Court of Appeals for the Federal Circuit.  The contractor brought to separate claims on appeal: 1) the liquidated damages clause that appeared in the contract was unenforceable; 2) the federal Claims Court erred in its ruling that it did […]

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CVE determination

USCOFC Overturns CVE Determination Revoking SDVOSB Status

Is it valuable to protest a CVE determination with the U.S. Court of Federal Claims? On October 10, 2014, the U.S. Court of Federal Claims granted construction company Ambuild’s summary judgment motion in its protest against the CVE and the VA’s OSBDU.  According to the case Ambuild Co. LLC v. United States, the protest began […]

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Whitcomb Law PC has been verified by the VA's Center for Verification and Eligibility (CVE) as Service Disabled Veteran Owned Small Business (SDVOSB)