Excell Report


STRUGGLING TO GET PAID BY THE GOVERNMENT?

byJohn G. Balchin Excell Victoriesand  Leave a Comment

Excell Prepares and Negotiates $2.3 million REA for Subcontractor This REA included Defective and Deficient Contract Documents, Differing Site Conditions, Out of Scope Work, Unreasonable Specifications, Cardinal Change, Maladministration, Delay, Disruption, and Ripple Effect. A subcontractor was awarded a Firm Fixed-Price Contract to assist in the building of a hospital in the USA. From the onset of construction, it’s became

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John G. BalchSTRUGGLING TO GET PAID BY THE GOVERNMENT?

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

Contract Terminated for Convenience? We Can Help…

byTaylor Bensonin Excell Victoriesand  Leave a Comment

Excell Consulting Secures $1.3 million Partial Termination Settlement   A USACE Firm Fixed-Price Contract in the Middle East was partially Terminated for the Convenience of the Government. Excell was hired to evaluate the costs recoverable under the partial termination, which removed approximately 40% of the project nearly one year into construction. Excell was able to allocate the costs expended by

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Taylor BensonContract Terminated for Convenience? We Can Help…

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

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