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 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
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
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
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
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
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
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
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
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
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
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
As Congress and the Administration appear to be careening toward a potential government shutdown – whether on Friday January 19 or once another short-term continuing resolution expires – it is a good time for government...more
The Government “can engage a contractor to make snowmen in August, if [it spells] it out clearly [in a contract].” Rixon Electronics, Inc. v. United States, 536 F.2d 1345, 1351 (Ct. Cl. 1976). And the contractor generally...more
On November 9, 2017, Congress released its conference report on the FY 2018 National Defense Authorization Act. The NDAA coming out of the conference committee contains numerous provisions that would affect government...more
This is the first in a short series of forecasts from our Government Contracts partners on things to watch for in government contracts in Fiscal Year 2018. For more in-depth discussions of current events and trends, please...more
In an April 2017 decision, the Armed Services Board of Contract Appeals (ASBCA) once again rejected the position of the Defense Contract Audit Agency (DCAA) that a cost or type of cost for which allowability depends on the...more
In the past several years, there has been an ongoing focus on avoiding and detecting counterfeit parts, culminating in the issuance of new DFARS sections and contract clauses in May 2014 concerning Contractors’ Counterfeit...more
In the three months since the U.S. Supreme Court issued its decision in Universal Health Services v. United States ex rel. Escobar, lower court decisions suggest a trend of strict interpretation of the high court’s...more
9/22/2016
/ Burden of Proof ,
Corporate Counsel ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Contractors ,
Federal Pleading Requirements ,
Implied Certification ,
Material Misrepresentation ,
Materiality ,
Motion to Dismiss ,
Standard of Review ,
Universal Health Services Inc v United States ex rel Escobar