All posts by Michael E. Barnicle

Michael E. Barnicle

About Michael E. Barnicle

Michael Barnicle is trial lawyer with a particular focus on construction and government contract litigation. Prior to joining Duane Morris, Michael served as an active duty government contracts and fiscal law attorney in the U.S. Army Judge Advocate General’s Corps. Read Michael's bio.

Supreme Court Review of Bid Protest?

This Friday, May 1, 2015, the government is expected to submit its response to the petition for certiorari filed by Kingdomware Technologies, Inc., which seeks to reverse the Federal Circuit’s 2-1 ruling that the VA may use FSS without considering available VOSBs and/or SDVOSBs to fulfill the requirement.  Please click here for a fantastic summary of the issues drafted by  Duane Morris appellate counsel Luke McLoughlin and Kristina Caggiano.

Practical Considerations for Government Contract Claims: Avoiding Claim Denial and/or Appeal Dismissal

Every week, the boards and courts dismiss numerous contract appeals due to insufficient or otherwise defective contract claims (like the case we featured in February).  As a former U.S. Army contract trial attorney, I know this number is at least double taking into account unpublished decisions and contractor withdrawals.  However, I also recognize that many of the issues warranting dismissal are easily avoidable.

This post provides a few practical considerations that will help avoid a contracting officer’s denial and/or appeal dismissal.  Continue reading Practical Considerations for Government Contract Claims: Avoiding Claim Denial and/or Appeal Dismissal

Golden Rules of Fiscal Law: Purpose, Time & Amount

This week, the VA Inspector General reported that the certain government officials illegally used funds to develop a claims processing system that were intended to be used for  medical support and compliance.    This is what is called a “fiscal law” problem.

What is Fiscal Law?  Fiscal law is the body of law that governs how federal agencies may use the funds appropriated to it by congress that, believe it or not, are grounded in the U.S. Constitution.  This post highlights the golden rules of fiscal law:  Purpose, Time & Amount. Continue reading Golden Rules of Fiscal Law: Purpose, Time & Amount