Excell Report


Constructive Changes and the Notice Requirement

byTaylor Bensonin Excell Reportand  Leave a Comment

Court Finally Recognizes that Government’s Actual Knowledge of Changes Fulfills Notice Requirement INTRODUCTION A Government agency’s typical first line of defense when refuting contractor claims that it is responsible for Constructive Changes is to argue that the contractor did not meet the 20-day notice requirement under the Changes clause. For decades, Excell Consulting has been tearing down this line of

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Taylor BensonConstructive Changes and the Notice Requirement

Real $$$ At Stake: Paid Sick Leave Rule

byTaylor Bensonin Excell Reportand  Leave a Comment

PART III: DOL Issues Final Rule for Mandatory Paid Sick Leave FINAL RULE ON PAID SICK LEAVE The United States Department of Labor (DOL) recently released its Final Rule implementing President Obama’s Executive Order 13706, which requires federal contractors to give their employees at least seven days of paid sick leave each year. As discussed in Part I – Executive

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Taylor BensonReal $$$ At Stake: Paid Sick Leave Rule

FCA Scrutiny and Penalties on the Rise: Federal Contractors Beware

byJohn G. Balchin Excell Reportand  Leave a Comment

INTRODUCTION Two major developments in 2016 have altered the scope of both liability and damages under the False Claims Act (“FCA”). First, the Supreme Court has endorsed the “implied false certification” theory of liability. Second, federal agencies have implemented a new federal regulation that almost doubled FCA penalties. These developments continue the federal government’s trend of increased scrutiny and enforcement

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John G. BalchFCA Scrutiny and Penalties on the Rise: Federal Contractors Beware

Value Engineering Change Proposals – Capture an Increased Share of the Cost Savings

byTaylor Bensonin Excell Reportand  Leave a Comment

INTRODUCTION Value Engineering Change Proposals (VECPs) incentivize prime construction contractors to voluntarily submit proposals to identify ways the Federal Government can reduce costs. In turn, if the government accepts the proposal, a contractor is entitled to share in the savings on the contract with no reduction in profit (and possibly an increase in profit margin). While the government is not

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Taylor BensonValue Engineering Change Proposals – Capture an Increased Share of the Cost Savings

Use FOIA to your Advantage

byTaylor Bensonin Excell Reportand  Leave a Comment

The Freedom of Information Act   INTRODUCTION The Freedom of Information Act (“FOIA”) is an effective tool for government contractors in researching government programs and activities, as well as learning about competitors. FOIA requests can also be useful in gaining more information and insight pertaining to claims and disputes. FREEDOM OF INFORMATION ACT Under FOIA (5 U.S.C. § 552), requests

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Taylor BensonUse FOIA to your Advantage

Lowest-Price Technically Acceptable (LPTA) Bid Review Standard Set for Limitation

byTaylor Bensonin Excell Reportand  Leave a Comment

INTRODUCTION If you work with Services Contracts – especially INFORMATION TECHNOLOGY, SYSTEMS ENGINEERING or TECHNICAL ASSISTANCE SERVICES AND/OR OTHER KNOWLEDGE-BASED PROFESSIONAL SERVICES – you need to read this!! The Promoting Value Based Procurement Act bill, which encourages the Department of Defense (DOD) to avoid relying upon Lowest-Price Technically Acceptable (LPTA) source selection criteria for certain types of services contracts, has

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Taylor BensonLowest-Price Technically Acceptable (LPTA) Bid Review Standard Set for Limitation

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