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New Proposed Cybersecurity Rules Mean Big Changes for Federal Contractors

On October 3, 2023, the FAR Council released two proposed rules for federal contractor cybersecurity requirements that relate to cyber threat and incident reporting and information sharing (case 2021-017) and standardizing...more

[Ongoing Program] Part Three: Common Mistakes During the REA, Claim, and Appeal Process - October 6th, 12:00 pm - 1:00 pm ET

Avoiding Common Mistakes in Federal Construction Contracting: A Three-Part Webinar Series - Contracting with the federal government on construction projects is full of traps for the unsuspecting, and the potential rewards...more

[Ongoing Program] Part Two: Common Mistakes During Project Performance - September 13th, 12:00 pm - 1:00 pm ET

Avoiding Common Mistakes in Federal Construction Contracting: A Three-Part Webinar Series - Contracting with the federal government on construction projects is full of traps for the unsuspecting, and the potential rewards...more

[Ongoing Program] Part One: Common Mistakes During the Bid and Proposal Preparation - August 18th, 12:00 pm - 1:00 pm ET

Avoiding Common Mistakes in Federal Construction Contracting: A Three-Part Webinar Series - Contracting with the federal government on construction projects is full of traps for the unsuspecting, and the potential rewards...more

The Percentages Favor Settlement of Claims and Appeals

As a follow-up to my earlier post about the need to develop a settlement strategy when a claim is headed for litigation, I reviewed the various decisions of the Armed Services Board of Contract Appeals (ASBCA) for the first...more

Settlement Strategy is More Important than Litigation Strategy

In the world of federal government contract disputes, a great deal of time is frequently spent drafting a request for equitable adjustment (REA) or a claim under the Contract Disputes Act. Both of these actions are often a...more

Federal Construction Contractors Are Faced with the Double Whammy of the Pandemic and Price Escalation: What Can Be Done?

When the COVID-19 pandemic took hold in March 2020, various lockdowns were ordered and Americans learned a new term—“social distancing.” Working remotely using videoconferencing platforms became commonplace and, in most...more

[Webinar] Vaccine Mandates for Federal Contractors – Everything You Need to Know - November 9th, 12:00 pm - 1:00 pm ET

In September, President Biden issued an Executive Order imposing COVID-19 vaccine and testing requirements on government contractors and subcontractors. The evolving guidance has left federal contractors with myriad...more

DOD Releases Class Deviation and Related Guidance Implementing Section 3610 of the CARES Act

The Coronavirus Aid, Relief, and Economic Surety (CARES) Act was enacted on March 27 to provide relief from the effects of the COVID-19 pandemic. Section 3610 of the CARES Act authorizes agencies to reimburse federal...more

Delays Resulting from Coronavirus May be both Excusable and Compensable

As the economic crisis caused by COVID-19 evolves and worsens, there are many novel questions that government contractors and government agencies face. Certain FAR clauses that limit a contractor’s right to recover damages...more

Virtual Counsel for Federal Construction Contractors Impacted by the Coronavirus Pandemic

The coronavirus crisis has made life difficult for Americans on both a personal and work-related level. While concern about personal health is paramount, the health of the economy cannot be ignored. The recently enacted...more

The CARES Act Provides Potential Reimbursement for Paid Leave on Federal Projects

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), in Section 3610, offers discretionary relief to federal contractors whose employees cannot perform work on a site that has been approved by the federal...more

Bidding Federal Work During the Coronavirus Crisis

The coronavirus epidemic has disrupted our world in ways we could not have imagined a few weeks ago. In the midst of the crisis, the federal government is trying to do everything possible to keep businesses afloat, and that...more

A Government Contractor’s Roadmap for Navigating the Coronavirus Pandemic

We are navigating in uncharted waters when it comes to the effect of coronavirus on federal contracting. There have been economic crises before—The Great Depression of 1929-1939, the oil crises of 1973 and 1979, Black Monday...more

When a Final Release is not “Final”

In a recent opinion issued by the United States Court of Federal Claims, Meridian Engineering Company vs. The United States, a case argued by our firm, the Court ruled that a contract modification containing a release did not...more

[Event] Protecting Your Rights on Federal Construction Projects Breakfast Seminar- May 23rd - Honolulu, HI

Contracting with the federal government on construction projects involves challenges and risks for even the most experienced contractors. In this seminar, federal construction contracting attorneys Michael Payne and Bob...more

The Impact of Government Indecision on Government Contractors

Disputes frequently arise because the government refuses to agree that a contractor is entitled to additional money or time resulting from constructive changes, differing site conditions, government-caused delays, or...more

Upcoming Industry Day in Tel Aviv

The Europe District of the U.S. Army Corps of Engineers is hosting an Industry Day on August 15, 2018 in Tel Aviv. The event begins at 09:00 at The Ritz-Carlton Herzlia....more

Construction Opportunities in Israel for Federal Contractors

Earlier this month, my colleague, Michael Payne, and I attended Israel Industry Day sponsored by the Army Corps of Engineers (“USACE”) and the Israeli Ministry of Defense (“MOD”) in New York City. The purpose of the program...more

Federal Circuit Clarifies Requirements for Government-Furnished Estimated Quantities

Agility Defense & Government Services, Inc. v. United States provides hope to contractors that incur higher than anticipated costs on a requirements contract or, alternatively, on construction contracts where line item prices...more

A New Way to Claim Damages Resulting from an Unfavorable CPARS Rating

Government contractors know that an unfavorable performance review posted to the Contractor Performance Assessment Reporting System (“CPARS”) can be extremely costly. Many negotiated solicitations include past performance as...more

New Small Business Mentor-Protégé Program Announced By The SBA

The long-awaited Final Rule addressing changes to the SBA’s Mentor-Protégé program is being published in the Federal Register today. The Mentor-Protégé program that was limited to 8(a) Small Business Concerns has now been...more

SBA Clarifies HUBZone Program Requirements

As we blogged about earlier this month, the SBA’s May 31, 2016 final rule made some major changes to a number of regulations dealing with small business procurement. Some of those changes relate to the SBA HUBZone contracting...more

Identity of Interest Affiliation: Further Defined by the SBA

In its final rule published on May 31, 2016, the SBA modified the regulations relating to affiliation based on an “identity of interest” pursuant to 13 C.F.R. § 121.103(f). Specifically, the SBA provided clearer guidelines...more

Big Changes to Limitations on Subcontracting Requirements

Earlier this week, we blogged about a final rule issued on May 31 by the Small Business Administration (“SBA”), which made several major changes to the small business regulations. This new rule implements changes mandated by...more

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