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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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