Author Archive | Joseph Whitcomb

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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defective solicitation filed late

When Is A Defective SolicitationProtest Too Late?

Yorktel’s Untimely Defective Solicitation York Telecom Corporation (Yorktel) filed a defective solicitation bid protest on May 12, 2015, challenging NASA’s stated intention to cancel the contract it had been previously awarded. The solicitation for “certain information technology products and services,” labeled the SEWP V contract, was a total small business set-aside for companies satisfying the […]

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Bad faith claims and intent to injure

Bad Faith Requires “Intent to Injure”

Bad Faith and Option Periods In DekaTron Corporation v. United States, DekaTron Corporation’s alleged bad faith in the government’s failure to exercise an option year. DekaTron sought damages of $4.9 million including $3.7 million for profits and $1.1 million leases, furniture, supplies, and other obligations. 128 Fed. CL. 115. The Department of Labor, the defendant […]

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Is Your LLC’s Operating Agreement Protecting You

Unanimous Consent Language and Other Requirements In the past two years, several applicants for inclusion in the VIP database have received denial letters from the CVE, because of wording in their operating agreement.  The most common reason for denial is language requiring unanimous consent to amend the agreement itself or to add members to the LLC.  The VA’s OSDBU posts […]

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Colorado Congressman Coffman Co-sponsors SDVOSB Verification Bill

HR 3945-Another Attempt to Revamp the SDVOSB Verification Process The SDVOSB verification process can be tricky.  On November 5, 2015, Representative Mike Coffman, along with five co-sponsors introduced HR 3945, titled Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2015.  While the text of the bill was not available at the time of this […]

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Vetbiz VIP database access denied

CVE Denies CS-360’s Access to VetBiz VIP Database

Déjà Vu All over Again In 2012 the US District Court for the District of Columbia remanded CS-360, LLC’s case back to the Department of Veterans Affairs “for further consideration and exclamation of its decision to deny Plaintiffs application” for registration in the VetBiz VIP database.  Upon reconsideration, the VA once again denied CS-360’s application […]

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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)