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Try, Try Again

A recent defective pricing case, Alloy Surfaces Co., ASBCA No. 59625, 2020 WL 1896784, April 9, 2020, charmingly illustrates the Government’s doggedness in trying to reprice a contract using the Truth in Negotiations Act...more

The Basics Of Undefinitized Contractual Actions (UCAS)

The federal contracting process is famous for its exacting approach to competitive procurement, which safeguards taxpayer funds and principles of fairness. This emphasis on process, however, can slow the wheels of the...more

Guidance Issued For CARES Act Relief For Contractors

In an earlier post concerning contractor relief under the CARES Act, we noted Section 3610 as one of the provisions most likely to benefit government contractors directly because it allowed for agencies to modify contracts to...more

DOD Clarifies Progress Payments Deviation

In one of its earliest moves to shore up cash flow for contractors that may be affected by the COVID-19, the DOD issued a deviation on March 20, 2020, allowed for an increase in progress-payment rates under DOD contracts from...more

COVID-19: Getting Compensated For Delays And Disruptions

Government contractors continue to face disruptions from COVID-19 and the attempts to halt its spread: closures of government and contractor facilities, quarantined personnel, the inefficiencies of telework, delays and...more

Top Ten Things Government Contractors Should Know Regarding The Coronavirus (As Of April 2, 2020)

1. Contractors who are unable to perform or complete work under a contract as a result of the pandemic should be able to get schedule relief and avoid termination as a result of the FAR’s excusable delay provisions. These...more

Contractor Relief Unclear Under The CARES Act

On Wednesday, the Senate passed a $2 trillion relief package – the Coronavirus Aid, Relief, and Economic Security or CARES Act – intended to relieve some of the worst economic effects of the coronavirus pandemic. In addition...more

CORONAVIRUS (COVID-19) Update: Keep Calm, Wash Your Hands, And Know Your Rights

As the novel coronavirus, COVID-19, invades more and more of everyday life, the chance it will affect government contracts and government contractors becomes more and more likely. These effects might include workforce...more

Moforward 2020: Need-To-Know Regulatory and Legal Developments

BID PROTESTS, LATEST DEVELOPMENTS & TWISTS - Bid Protests: Agenda - 1. LOGCAP V and Task/Delivery Order Protest Jurisdiction 2. SpaceX and Other Transaction Authority Protest Jurisdiction 3. Potential Impact of New...more

In Wyle, the GAO Gives Another Reminder of Risks Associated with Pending Procurements During a Transaction

Although there are often significant rewards associated with transactions among government contractors, the transactions require careful planning and coordination. Even then, there is a fair amount of risk during the...more

2018 Protest Roundup

In this post, we not only provide our regular recap of key protest decisions from December 2018, but also discuss some of the key decisions from 2018 as well as a few take-aways from the GAO’s Fiscal Year 2018 report on its...more

Corporate Transactions as a Basis for Protest (Post-Award Protest Primer #18)

Most corporate transactions go forward without protests. Several prominent protest decisions over the last few years, however, have drawn attention to the complicated and sometimes unpredictable effect corporate transactions...more

Unreasonableness And Lack Of Documentation (Post-Award Protest Primer #17)

Today’s installment of the post-award protest primer combines two frequent, related protest grounds: (1) unreasonable evaluations and source selection decisions and (2) insufficient documentation. In a future post, we’ll...more

A New Bid Protest Timeliness Trap: Pre-Award Laches

On this blog, we frequently discuss the various timeliness traps that can undermine bid protests at the Government Accountability Office (GAO). A recent bid protest decision from the Court of Federal Claims addresses a...more

5/23/2018  /  Bid Protests , GAO , Laches , SBA , Small Business

Bad Faith and Biased Procurement Officials (Post-Award Protest Primer #16)

We previously have referred in passing to Government bad faith as a protest ground that almost never is worth raising. Today, we’ll address this rarely successful protest ground and discuss why it’s almost always a loser, as...more

5/16/2018  /  Bad Faith , GAO , Procurement Guidelines

Warning: Possible Delays Ahead New SAM Requirement for Notarized Letter

All government contractors must have an active registration in the System for Award Management (SAM) to do business with the government. As of March 22, 2018, SAM requires users registering a new business entity to “provide...more

4/24/2018  /  Acquisitions , Federal Contractors , SAM

Procurement Integrity Act Violations (Post-Award Protest Primer #15)

Offerors should, and generally do, carefully guard the confidentiality of their bid and proposal information. And agencies that receive that information generally are careful to prevent its improper release, much as they...more

GAO to Implement Bid Protest E-Filing on May 1, 2018 (Along with Some Other Changes)

The Government Accountability Office (GAO) will cut the ribbon on its Electronic Protest Docketing System (EPDS) on May 1, 2018, according to a final rule published Monday (at 83 Fed. Reg. 13817). The electronic filing...more

Bait-And-Switch And Unavailable Key Personnel (Post-Award Protest Primer #14)

The bait-and-switch in the salesman’s world involves enticing a prospective customer with an unbelievably good deal, only to switch it at the last moment with a bargain that is considerably less attractive to the buyer, and...more

3/26/2018  /  Bid Protests , GAO

The Silent No: Initial Adverse Agency Action Can Simply Be No Action at All

Coming on the heels of a decision presenting two timeliness reminders, which we addressed in “GAO Presents a Study in Timeliness Traps,” the GAO once again issued a decision last week presenting a third timeliness trap of...more

3/20/2018  /  Bid Protests , GAO , Solicitation

FCA Materiality May Return to High Court

In Escobar, the U.S. Supreme Court held that a defendant could be found liable under the False Claims Act for submitting impliedly false claims for payment. Under the implied certification theory of liability, a claim for...more

GAO Presents a Study in Timeliness Traps

In a decision released on Friday, February 23, 2018, the Government Accountability Office (GAO) provided further demonstration of the bid protest – timeliness traps that may ensnare the wary and unwary alike. In Savannah...more

2/27/2018  /  Bid Protests , Federal Contractors , GAO

New Debriefing Rules in Effect for DOD Contractors

As we discussed in an earlier post about the NDAA for FY 2018, one of the most significant changes with respect to procurement issues may be related to the DOD’s conduct of debriefings. Perhaps missed in the discussions of a...more

Pilot Testing of GAO’s New Filing System Currently Underway

Earlier this month, the GAO announced that its long-awaited electronic protest docketing system (EPDS) is now operational and undergoing limited pilot testing with certain designated protests filed since February 1. EPDS is...more

2/15/2018  /  Bid Protests , GAO

The Government Is Shut Down: What About My Protest?

With the 2018 Government shutdown entering the work week, any contractors with ongoing or potential protests may be wondering what the effect of the shutdown will be on the protest process....more

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