Archive | Appellate Law

Appeals Law Attorneys

Appellate law attorneys can be hard to find, but essential to making sure you are getting all of your procedural due process rights.  Call us for help.

negligent estimates

Recovering from the Government for Negligent Estimates

Are Agencies Responsible for Their Negligent Estimates? Recently, the U.S. Court of Appeals ruled in favor of Agility Defense and Government Services, Inc.’s claim under the Negligent Estimates Theory in government contracting.  In Agility Defense & Government Services, Inc v. U.S., a contractor, Agility Defense, bid on and won a contract to dispose of surplus […]

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Kingdomware Technologies

Kingdomware Technologies v. United States Pulled off SCOTUS Calendar

Kingdomware Technologies v. United States The U.S. Supreme Court (SCOTUS) was scheduled to hear oral arguments on Kingdomware Technologies v. United States on September 9 in a case involving whether the Department of Veterans Affairs (VA) must prioritize service-disabled veteran-owned small businesses (“SDVOSBs”) when it buys supplies and services. The case has been withdrawn from the […]

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unreasonable contracting officer

Clearly Unreasonable Contracting Officer = Attorney’s Fees, Overhead, Profit and Interest

What Should I Do If Faced with a Clearly Unreasonable Contracting Officer? Federal contracting officers have broad discretion – within the limitations and allowances of the FAR. But, contracting officers must respond in writing to claims filed by contractors. If they do not, they are violating the FAR and contractors are eligible for attorney’s fees and other […]

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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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survive death

Can Your SDVOSB Status Survive Death?

The US Court of Federal Claims Rules that SDVOSB Status Can Survive Veteran Owner’s Death On November 26, 2013, the US Court of Federal Claims heard an appeal from a the son of a veteran business owner after a contracting officer working for the defendant, the United States Environmental Protection Agency, issued a “determination of non-responsibility,” proposed […]

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CVE SDVOSB denial

CVE SDVOSB denial–Challenging in federal court

 Challenging a CVE SDVOSB denial in pre-award contest In KWV, Inc. v. United States, a disappointed bidder filed a pre-award bid protest of the CVE’s denial  of  their SDVOSB status.  In that case,  the US Court of Federal Claims found the CVE’s reliance on the Veteran applicant’s residency alone was “arbitrary and capricious” and not in […]

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