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General Business Government Contracting

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Omaha Breach: Doctrine of First Breach May Hinge on Correct Contract Interpretation

Which party first breached a contract often plays a determinative role in assessing entitlement for damages in a contract dispute. This theory is often referred to as the First or Material Breach Doctrine....more

My Roof, My Rules: Arbitrators May Determine Their Own Jurisdiction When the Parties Delegate that Authority

An issue that repeatedly comes up in construction disputes is the scope of an arbitration agreement. Courts generally interpret agreements to arbitrate broadly, and, where the arbitrability of a specific claim has been at...more

Substantively Non-Protestable Issues (Post-Award Protest Primer #8)

In our last post, we discussed a few procedural rules that can exclude an otherwise meritorious ground from protest. There are also a number of substantive issues that the GAO’s rules exclude from review. See 4 C.F.R. §...more

NAICS Code Appeals: One Size Does Not Fit All

The federal government sets aside many contracts for small businesses, but not all small business set-asides are created equal. Instead, different size standards define small business status for different procurements. The...more

Practical Tips for Owners and Contractors Impacted By Hurricanes Harvey and Irma

by Seyfarth Shaw LLP on

Anyone watching what has happened in Houston, and what is predicted to happen in Florida, immediately thinks about the safety and well-being of those affected by Hurricanes Harvey and Irma. Once the rain stops, the water...more

Payments Clause in City Contract Deemed Unconstitutional When it Suspends the City’s Ability to Tax

by Low, Ball & Lynch on

Russell City Energy Co. LLC v. City of Hayward - Court of Appeal, First District (August 7, 2017) - In Russell City Energy Co. LLC v. City of Hayward, the California Court of Appeals held that a payments clause in a...more

August 2017 Protest Roundup

There is no question that procurement regulations give agencies significant discretion at every step of the procurement process, and protesters often have a hard row to hoe to overcome the agency’s exercise of that...more

Challenging the Reign of Kingdomware – Federal Circuit May Decide Whether Veterans or AbilityOne Participants Receive Priority in...

On Friday of last week, while most of the country was getting ready for the Labor Day Holiday, the U.S. Court of Federal Claims in PDS Consultants, Inc. v. United States, Case No. 16-1603C, Slip. Op. (September 1, 2017)...more

Two-Minute Warning: Preparing for a Possible Government Shutdown

In May, President Trump tweeted: the “country needs a good shutdown in September.” That prospect is now upon us. For Government contractors, the fallout from a threatened shutdown—let alone an actual one—ranges from...more

Procedurally Non-Protestable Issues (Post-Award Protest Primer #7)

Before diving into the various protest grounds that may result in a sustained protest at the GAO, let’s look at some sure losers. These are issues that are not protestable and would likely result in a quick dismissal. This...more

D.C. Federal Court Declines to Enjoin Arbitration Because the Arbitrator Could Issue Any Equitable Relief Required, the Integrity...

by Pepper Hamilton LLP on

TK Servs., Inc. v. RWD Consulting, LLC, 2017 U.S. Dist. Lexis 97239 (D.D.C., June 23, 2017) - This litigation arose from a dispute between TK Services, Inc. (“TKS”), as sub-subcontractor, and RWD Consulting, LLC (“RWD”),...more

Recent Trends In Government Contracts M&A

by Morrison & Foerster LLP on

While multibillion-dollar transactions grab headlines — such as the combination of Computer Sciences Corp.’s public-sector business with SRA International, the merger of Leidos Holdings Inc. with Lockheed Martin’s information...more

USTR Requests Input on Impact of Trade Agreements on Government Procurement

by Hogan Lovells on

On August 21, 2017, the Department of Commerce (Commerce) and the Office of the United States Trade Representative (USTR) issued a request for public comment on the impact of government procurement provisions of U.S. trade...more

Weekly Update Newsletter - August 2017 #3

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - “Industry Experts Advise GovCon Firms to Prepare for Possible Gov Shutdown.” ExecutiveGov, August 16, 2017. Retrieved from executivegov.com - An ExecutiveGov article from August 16, 2017 analyzes...more

Judicial acceptance of the SCL Delay and Disruption Protocol 2nd Edition

by White & Case LLP on

The recent Australian case of Santos Ltd v Fluor Australia Pty Ltd [2017] QSC 153 gives credence to the Society of Construction Law Delay & Disruption Protocol 2nd ed in determining the sufficiency of the plaintiff’s pleaded...more

Subcontractor Size Status Representations – Not Identical to Rules Governing Prime Contractors

by PilieroMazza PLLC on

If you are a prime contractor with a small business subcontracting plan, you may wonder “when” a small business subcontractor should render its size representation, and what are the subcontractor’s obligations to rerepresent...more

Recertifications of Size or Status: What Contractors Need to Know

by PilieroMazza PLLC on

Financial growth and success are important goals for every small business contractor. However, one potential pitfall of that success and continuous growth is eventually exceeding of the size standards attached to your...more

Stays of Contract Award and Performance (Pre-Award Protest Primer #6)

Today we’ll discuss stays of award and performance during the pendency of a bid protest. There are two kinds of protest stays: pre-award stays and post-award stays. Although the former are outside the scope of this primer,...more

Comments on Notice–MV–2017–01, Evaluation of Existing Acquisition Regulations

by PilieroMazza PLLC on

The U.S. General Service Administration’s (“GSA”) is seeking input on acquisition regulations, policies, standards, business practices and guidance issued by GSA across all of its acquisition, disposal, and sales programs,...more

SBA Seeks Comments on Reducing Unnecessary Regulatory Burden

by PilieroMazza PLLC on

On August 15, 2017, the U.S. Small Business Administration (“SBA”) released a request for information (“RFI”) seeking input from the public as to which SBA regulations should be repealed, replaced, or modified because they...more

When is an Unforeseen Condition a “Differing Site Condition”?

by Gray Reed & McGraw on

Many construction contracts contain some version of a “differing site conditions” clause. It is found in the current version of AIA’s A201 general conditions, as well as in the EJCDC equivalent. It also appears in most...more

House Wants Uncle Sam To Purchase COTS Items From Amazon And Other Online Sellers

The House version of the 2018 National Defense Authorization Act (“NDAA”) (passed July 14, 2017) includes key provisions that would radically change the way the Government purchases certain commercial items, and it may result...more

Weekly Update Newsletter - August 2017 #2

by PilieroMazza PLLC on

FEDERAL AGENCIES - “Defense Federal Acquisition Regulation Supplement: DFARS Subgroup to the DoD Regulatory Reform Task Force, Review of DFARS Solicitation Provisions and Contract Clauses.” Federal Register, August 10,...more

Cross claims, counterclaims and set-offs from another construction contract - Permissible in an adjudication?

by Dentons on

It is commonplace in our local building and construction market for the same parties to enter into multiple contracts for different projects. However, what happens if a main contractor has valid backcharges under Project A...more

Weekly Update Newsletter - August 2017

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - “SBA Launches New HUBZONE Maps and Partners with U.S. Digital Service to Streamline and Enhance Online Services for Small Businesses” U.S. Small Business Administration Press Release, July...more

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