Late last year, the Court of Federal Claims (“COFC”) contradicted long-standing Government Accountability Office (“GAO”) precedent on the acceptability of photocopied signatures on bid bonds finding that the Government’s...more
The Federal Government is committed to developing its relationship with small and disadvantaged businesses through set-aside contracts that incentivize and protect these companies from competing with large, established...more
In a January 2024 bid protest denied by the Government Accountability Office (“GAO”), an all-too familiar issue regarding allegedly late email bid submissions timeliness brought the split between GAO and the Court of Federal...more
This month it becomes easier to qualify for and remain in the Small Business Administration’s (SBA) programs as a direct result of high inflation over the last year. Notably, the SBA increased the maximum income, net worth,...more
Starting next month, the District of Columbia’s “pay-to-play” law will take effect. Under the new law, the District government is prohibited from contracting with “covered contractors” which have contributed to “prohibited...more
In a post earlier this year, I discussed a significant split between the Court of Federal Claims (COFC) and the Government Accountability Office (GAO). GAO has long held that email bid submissions, which do not arrive on time...more
Bidding on government contracts is a stressful, high-stakes process. Contractors spend significant time and resources in crafting excellent proposals and missing deadlines almost always results in disqualification from the...more
The annual inflation rate in the United States rose 7% in 2021, its highest rate since 1982. The construction industry has not been immune from this general trend, with steel prices rising 200% and lumber prices soaring as...more
3/1/2022
/ Construction Contracts ,
Construction Industry ,
Court of Federal Claims ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Fixed Price Contracts ,
Force Majeure Clause ,
Material Suppliers ,
Price Adjustments ,
Price Inflation ,
Supply Chain ,
Supply Shortages
President Biden’s latest Executive Order (EO), signed Friday, mandates U.S. agencies to require the use of project labor agreements (PLA) on large federal construction projects.
PLAs are collective bargaining agreements...more
Contractors who have filed or have considered filing a Bid Protest based on a mistake by an agency know that they have very little time to recognize an issue and take action before the Government Accountability Office...more
Traditionally, disputes that rise to the level of an appeal before the Armed Services Board of Contract Appeals (ASBCA) (or other board of contract appeals) follow a similar path:
·The contractor and the Government enter...more