Lawrence, Kansas, United States
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As a government contracts attorney, I spent many years living, breathing and sometimes…

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Experience & Education

  • Delaware Nation Investments

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Volunteer Experience

  • Ballard Center KS Graphic

    Board Member & Volunteer

    Ballard Center KS

    - Present 3 years 10 months

    I am very grateful to be a regular volunteer and Chair of the Board of Directors of the Elizabeth B. Ballard Center in Lawrence, Kansas. The Ballard Center partners with individuals and families to achieve stability through early childhood education and needs-based services by cultivating a strong network of organizations, businesses, and individuals dedicated to serving the community. If you are looking for a wonderful and extraordinarily rewarding way to give back, please visit the Ballard…

    I am very grateful to be a regular volunteer and Chair of the Board of Directors of the Elizabeth B. Ballard Center in Lawrence, Kansas. The Ballard Center partners with individuals and families to achieve stability through early childhood education and needs-based services by cultivating a strong network of organizations, businesses, and individuals dedicated to serving the community. If you are looking for a wonderful and extraordinarily rewarding way to give back, please visit the Ballard Center's website at www.ballardcenter.org.

Publications

  • Staying Small and SBA's New Size Standards

    Set-Aside Alert

    Small government contractors can become victims of their own success by growing to large to receive set-aside contracts in their industries. This article explores ways small government contractors may be able to forestall exceeding a size standard threshold, and discusses help on the way in the form of increased SBA size standards in certain industries.

    See publication

  • SBA Small Business Size Protests: How to Prepare and File

    Nolo

    If your company loses a competition for a federal small business set-aside contract, you may be able to file a SBA size protest, asking the U.S. Small Business Administration to investigate the awardee's small business size. This article explains the unique requirements (and short deadlines) of the SBA size protest process from the perspective of a SBA size protest attorney.

    See publication

  • Federal Small Business Contract Eligibility: Is Your Business "Small"?

    Nolo

    The federal government does not have a one-size-fits-all standard for qualifying as "small" for small business set-aside contracts. Instead, the SBA determines size on a contract-by-contract basis. This article explains how to determine whether your business is "small" for purposes of a particular federal procurement by correctly calculating your average annual receipts or number of employees in accordance with the SBA's size regulations.

    See publication

  • Past Performance: Three Ways for New Businesses to Improve Their Scores

    Set-Aside Alert

    New federal contractors can be caught in a "chicken and egg" scenario: they need strong past performance scores to win contracts, but can't gain past performance until they win a contract. This article offers some suggestions for new businesses to escape the past performance conundrum.

    The article was republished by NAVSEA's small business office.

    See publication

  • Beating Rich: Three Ways to Recover Attorney’s Fees Under the Miller Act

    The Federal Lawyer

    In a case called F.D. Rich Co., the Supreme Court held that plaintiffs cannot recover attorneys' fees in Miller Act payment bond cases. But every rule has its exceptions, and this article examines three ways Miller Act plaintiffs can recover their fees, Rich notwithstanding.

    The article was republished in The Clause, the quarterly publication of the Board of Contract Appeals Bar Association.

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  • Bonding Assistance for Construction Contracts: The Affiliation Problem

    Set-Aside Alert

    Small government contractors often have difficulty securing the necessary bonds to complete federal construction contracts. But when small contractors turn to large businesses for bonding assistance, they can unwittingly run afoul of the SBA's affiliation rules. This article, co-authored with Antonio R. Franco, explores the "affiliation problem" inherent in bonding assistance, and offers some practical guidance.

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  • As Agencies’ Use of IDIQ Contracts Expands, Will Increased Contractor Protest Rights Follow?

    The Procurement Lawyer

    In recent years, federal agencies have increasingly relied upon Indefinite Delivery/Indefinite Quantity, or IDIQ contracts, to procure services. The article discusses whether contractors' bid protest rights have kept up with this contracting practice.

  • Fighting Back: Contractors Can Use Tort Law to Challenge Claims of Fraud, Deceit, and Dishonesty

    ConstructionRisk Report, Vol. 10, No. 2

    Sometimes, a seemingly straightforward claim for breach of contract takes a wrong turn, and a contractor finds itself facing unfounded claims of fraud, deceit, or dishonesty. This article explores legal options contractors may be able to take to go on the offensive and fight such claims, such as causes of action for defamation, commercial disparagement, and tortious interference with business relationships.

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  • Is Your Pay-When-Paid Clause Worthless?

    Constructor Magazine

    What good is a pay-when-paid subcontract clause if the payment bond surety cannot enforce it? Published in Constructor Magazine, the member publication of the Associated General Contractors of America, this article warns general contractors about the limits of pay-when-paid clauses.

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  • The Slow Erosion of Suretyship Principles: An Uncertain Future for “Pay-When-Paid” and "Pay-If-Paid” Clauses in Public Construction Subcontracts

    Public Contract Law Journal

    Prime contractors on federal and state construction contracts often insert "pay when paid " or "pay if paid" clauses in their subcontracts to limit their payment risks. Recently, however, a number of courts have refused to allow payment bond sureties to rely upon these clauses to defend against subcontractors' claims. This article explores those cases, against the backdrop of the longstanding principle that a surety's liability is coextensive with that of its principal.

    The article was…

    Prime contractors on federal and state construction contracts often insert "pay when paid " or "pay if paid" clauses in their subcontracts to limit their payment risks. Recently, however, a number of courts have refused to allow payment bond sureties to rely upon these clauses to defend against subcontractors' claims. This article explores those cases, against the backdrop of the longstanding principle that a surety's liability is coextensive with that of its principal.

    The article was cited by the Ohio Court of Appeals in JJO Construction, Inc. v. Michael J. Penrod, et al., No. 93230 (Oh. Ct. App. June 10, 2010).

    See publication
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Honors & Awards

  • Friend of APTAC

    Association of Procurement Technical Assistance Centers

    I was extraordinarily surprised and humbled to be honored as a Friend of APTAC at the 2016 APTAC Spring Conference. Thank you to all the amazing procurement counselors across the country who selected me for this incredible honor.

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