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Lesson Learned: Board Holds that Only the Contracting Officer Can Bind the Government

Most government contracts include a Changes clause (notably, FAR 52.243-1), which grants the Government the right to order changes to the scope of the contractor’s work. That clause also entitles the contractor to an...more

How to Protest an Agency’s Decision Canceling a Solicitation

The general rule (FAR 14.404-1(a)) is that – once a solicitation is put out for bid – the agency must award the contract to the responsible bidder with the lowest responsive bid. However, as is usually the case, there are...more

Highlights from our Fourth Annual Federal Contracts Symposium

We invite you to review the materials from our presentations that covered key issues facing government contractors. The topics include: • Year in Review – Federal Contracts Case Law Update- • Cost Accounting Compliance-...more

Trade Associations Urge the White House for a Pragmatic Regulatory Landscape Concerning the Build America, Buy America (BABA)...

Early this month, several electrical trade associations urged the Biden administration to implement pragmatic BABA rules. In the letter sent to the Senior Advisor and Infrastructure Coordinator at the White House, the...more

CDA Claims: Delay Damages for an Early Finish?

One of the most common concerns for federal contractors is delay. Projects can fall behind schedule for a variety of reasons that are outside of the contractor’s control (government-directed changes, differing site...more

SBA OHA Rejects Unique Ostensible Subcontractor Affiliation Defense

Small business government contractors are (or should be) aware of the SBA’s affiliation rules. In a nutshell, the rules set the standard for whether/when another business controls – or has the ability to control – the small...more

CDA Claim Series Wrap Up: Best Practices for Government Contactors

This is the eighth (and last) of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors...more

Challenging CPARS Performance Evaluations through the Contract Disputes Act

This is the seventh of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors to...more

Handling Subcontractor Pass-Through Claims Under the CDA

This is the sixth of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors to recover...more

Contractor vs. Government Controversies Not Subject to the CDA

The CDA has a reputation as a “catchall” for disputes between federal contractors and the government – and to a certain extent that reputation makes a lot of sense. As I’ve been covering in this series, contractors can...more

CDA Claims vs. Requests for Equitable Adjustment

So, if you are owed time and money on a contract, should your next move be a CDA Claim or an REA? There is no one-size-fits-all answer – and contractors should carefully consider their own unique circumstances before...more

Practical Litigation Strategies for CDA Claims

This is the third of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors to recover...more

Essential Elements of CDA Claims – Tips and Latest Trends

Federal contractors that experience government-caused increases to the cost/time of performance have a direct route for seeking an adjustment to their contract – the Contract Disputes Act (CDA)....more

Accessing Remedy Granting Clauses under the Contract Disputes Act

This is the first of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act. Certified Claims are the primary avenue available to government contractors to recover...more

Past Performance Upgrade for Small Businesses Results in Additional Compliance Requirement for Large Contractors

A newly published Small Business Administration Final Rule provides small businesses with two new ways to satisfy Past Performance requirements when competing for federal prime contracts. The Rule takes effect on August 22,...more

Small Business Compliance Due Diligence Leads to Reduced FCA Penalty

Earlier this month, the Department of Justice (DOJ) announced a $5.2 million civil settlement agreement to resolve small business set-aside fraud allegations against an aerospace contractor. While the $5+ million...more

DOD Addresses Material Escalation Costs and Inflation for Government Contractors

Inflation and the increased cost of doing business are having a nationwide impact — and there is no exception for Government Contractors. As we recently covered contractors experiencing material cost escalation on...more

What Do I Do Now? Practical Steps to Navigate the Federal Vaccine Mandate Following the Latest Nationwide Injunction

Those following our coverage of the federal COVID Vaccine Mandate need to know about the latest twist. On the heels of the injunction against the OSHA Mandate for private employers, a Georgia Federal court judge issued a...more

Contractor Alert: Mandatory WOSB Certification Deadline Pending

The Small Business Administration (SBA) finally put an end to self-certifications for the Woman-Owned Small Business Program (WOSB). Starting now and continuing through October 15, 2020, federal contractors that want to...more

Utilizing Enhanced Debriefing Procedures To Maximize GAO Bid Protest Effectiveness

Contractors filed 2,071 bid protests at GAO in 2019– the lowest number in five years. One possible cause for the decline is the Department of Defense’s enhanced debriefing procedures. Enhanced debriefings mean that...more

COVID-19 And Government Contracting Best Practices: Part 3 – Government Response & Contract Management

Government contractors are already feeling the effects of the pandemic. Breakdowns in the global supply chain, labor shortages, and regional lock downs are already delaying federal projects across the country and around the...more

COVID-19 And Government Contracting Best Practices: Part 2 – Recovering Extra Costs

Government contractors are already feeling the effects of the pandemic. Breakdowns in the global supply chain, labor shortages, and regional lock downs are already delaying federal projects across the country and around the...more

COVID-19 And Government Contracting Best Practices: Part 1 – Excusable Delay Claims

Government contractors are already feeling the effects of the pandemic. Breakdowns in the global supply chain, labor shortages, and regional lock downs are already delaying federal projects across the country and around the...more

GAO Issues Surprising Decision Downplaying Impact Of Alleged OCI

Organizational conflicts of interest (or “OCI”) generally exist when one party has access to nonpublic information as part of its performance on a government contract. OCI — or even the appearance of OCI — can be a...more

Proposal Prep: Assessing The ‘Key Experience’ Factor In Bid Protests

Responding to agency Requests for Proposals (RFP) is an exercise in playing follow-the-leader. Contractors should take care to : •Read the RFP •Understand the information requested by the agency; and •Provide that...more

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