Let's talk about releases and, in particular, the leading Federal Circuit case regarding releases that involve delay and cumulative impact.
Bell BCI v. United States, 570 F.3d 1337 (Fed. Cir. 2009), involved the...more
Under its contract with the Air Force, Aviation Training and Consulting LLC ("ATC") "operates, maintains, supports, and upgrades the Air Force's training systems (or trainers) for B-52 bombers." As did many responsible...more
The ASBCA's recent decision in Gilbert Solutions, LLC, ASBCA No. 63508, involved a relatively small and straightforward solicitation by the Army to purchase four portable restroom trailers for delivery to Guantanamo Bay,...more
A decision just issued by the Civilian Board of Contract Appeals (CBCA) offers guidance on how the federal government may respond to COVID-19 claims. In this case, there was an outbreak of Ebola at the project site, and the...more
The economic impact of COVID-19 has been felt across almost all industries in the United States, and Government contractors are no exception. Many do not have the financial capacity to absorb and recover paid sick leave...more
Bid protests afford disappointed offerors the opportunity to challenge flawed procurements and award decisions that violate the rules. Bid protest procedures, at least in theory, are intended to further this purpose....more
Experienced Government contractors know the exception to the rule: a Government Accountability Office (GAO) protest must be filed within 10 days from the date the contractor knew or should have known the basis for the...more
As restated in a recent GAO decision: “The evaluation of past performance is a matter of agency discretion, and we will review the evaluation only to ensure that it was reasonable and consistent with the solicitation’s stated...more
Novations are not uncommon in Government contracting. FAR Subpart 42.12 contains standard novation language, in which the Government recognizes in part: “The Transferee by this Agreement becomes entitled to all rights,...more
Last month, the Armed Services Board of Contract Appeals allowed the Government to amend its answer to add an “unclean hands” affirmative defense, a mere two months before the scheduled hearing date....more
Last month, the Court of Federal Claims issued a decision reaffirming the importance of considering carefully subcontract release and waiver language in Government procurement.
MW Builders, Inc. v. United States involved a...more
Last month, we discussed Agility Defense & Government Services, Inc. v. United States, No. 13-55C, 13-97C (consolidated) (Fed. Cl.) (October 18, 1997), in which the Court of Federal Claims held that a contractor was entitled...more
Last month, the Armed Services Board of Contract Appeals issued two decisions involving terminations for convenience. Both decisions are instructive regarding how contractors should anticipate contractual and regulatory...more
This past Thursday, I attended an all-day Federal Government Contracts seminar at the Seattle, WA office of AGC titled,“How to Navigate the New Administration.” Among the speakers were my friends and former colleagues Jim...more
Last week, I spoke in Portland, Oregon about cybersecurity requirements for federal contractors at an all-day seminar hosted by the Pacific Northwest Defense Coalition. Speakers from the Department of Defense, the FBI, and...more
Small and large businesses seeking to take advantage of the Small Business Administration’s (SBA) new All Small Mentor-Protégé Program will now have to jump through an extra hurdle as part of the application process.
The...more
Last week, the Department of Defense adopted as final, with several changes, its interim rule amending the DFARS on “Network Penetration Reporting and Contracting for Cloud Services.” The changes went into effect...more
The Armed Services Board of Contract Appeals recently denied a contractor’s application for attorney fees and expenses under the Equal Access to Justice Act
Although denial of a petition for attorney fees under EAJA is...more