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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CVE rule change

CVE Proposing to Change Its Reverification Rules

Open for Comment On February 21, 2017, the VA issued a CVE rule change proposing that Center for Veterans Enterprise (CVE) verified businesses be reverified for compliance every three-years instead of every two-years. The VA’s proposal implements a section of the Veterans Benefits, HealthCare, and Information Technology Act of 2006, that requires the VA to verify […]

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Solicitation Canceled without good reason

Cancelling Solicitation Without Adequate Justification is an Abuse of Discretion

Can an Agency Extend an Incumbent’s Contract Without Justification? The GAO has ruled that cancelling solicitations and extending contracts with an incumbent, requires a good reason. In the Matter of:  Walker Development & Trading Group, Inc., File:  B-413924, dated January 12, 2017, the GAO sustained the protest of a VA decision to extend the award of an $10 […]

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property transfers to family members

Business Owner Beware – Property Transfers to Family may be Considered Gifts

Property Transfers to Family and Tax Consequences Property transfers to family members can have tax consequences.  Business owners should have estate plans, but many owners are unaware of the tax implications associated with recapitalizing their business entities to help family members.  Business owners probably already know that sales of stock, for example, have tax consequences. […]

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Maximum Competition in contracting

Maximum Competition in Government Contracting to the Extent Practicable

Head Scratcher – They Thought They Could Get Away with This? The FAR requires maximum competition in government contracting to the extent practicable. A small business from Nevada has made the Department of the Interior look foolish by challenging its attempt to hide a solicitation for quotes for diesel fuel.  In the Matter of: Bluehorse […]

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Trademark dispute

The Pink Trademark Dispute-Not Just a Color Anymore

Trademark Dispute Who would’ve imagined that pink would become a disputed international trademark dispute?  The international trademark dispute over “Pink” revolves around a clothing trademark.  The two companies fighting over the trademark rights for this word “Pink” are L Brands, Inc. which owns Victoria’s Secret, and Thomas Pink, an upscale British dress-shirt brand. Company Background […]

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Prime contractor payments

New Rule Designed to Enforce Prime Contractor Payments Accountability

Prime Contractor Payments Responsibilities A new rule goes into effect on January 19, 2017 that amends the Federal Acquisition Regulation (FAR) and requires contractors to notify the contracting officer if the prime contractor payments are reduced price to a small business subcontractor or if the prime contractor payments to a small business subcontractor is more […]

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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)