GOVERNMENT CONTRACTING –
2016 GAO Bid Protest Annual Report: Sustain Rate Hits Nine Year High, Up More Than 10% from 2015 –
GAO recently released its annual report to Congress, which included data concerning its...more
A recent court decision may provide other disappointed offerors a pathway for challenging agencies’ corrective action that unreasonably favors the original contract awardee. In Professional Service Industries, Inc. v. U.S.,...more
The National Defense Authorization Act (“NDAA”) for Fiscal Year 2016, which went into effect on November 25, 2015, contains some requirements regarding multiple award contracts that you might not know about. The 2016 NDAA...more
On July 1, 2016, the National Labor Relations Board (“NLRB”) announced that it will ask employers that receive unfair labor practice complaints to report information that would identify them as government contractors. Anne...more
On May 12, 2016, the U.S. Senate Armed Services Committee (“SASC”) completed its markup of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2017. Several of the SASC’s changes to the NDAA address the costs of...more
Government Contracting -
LESSONS LEARNED FROM PROTESTS INVOLVING “LATE” PROPOSALS -
Most, if not all, proposals for government contracts are submitted electronically, whether by email or through a third...more
Typically, a subcontractor cannot appeal a Contract Disputes Act (“CDA”) claim to the Civilian Board of Contract Appeals (“CBCA”) because the subcontractor lacks privity of contract with the government.
However, the...more
Several government agencies, including the Department of Energy (“DOE”), utilize a web portal called FedConnect to receive bid proposals. While these agencies surely intended that using FedConnect would make the procurement...more
The Small Business Administration (“SBA”) is undergoing a gradual shift in its views on small business prime contractors proposing to hire “key personnel” from their subcontractors in the context of the ostensible...more
Most government contractors, or any company with confidential information or trade secrets, have confidentiality or non-disclosure agreements with their employees, subcontractors, or other entities they do business with....more
Non-disclosure agreements (“NDA”), or confidentiality agreements, are useful in a variety of contexts, including between teaming partners, contractors and subcontractors, as well as employers and employees.
...more
A common nightmare of government contractors probably plays out like this: you spend a significant amount of time and resources preparing a robust proposal in response to a solicitation, you are sure your firm is the most...more
In this issue:
- SBA Proposes Important New Small Business Contracting Rules
- When Snow Days Impact Government Contracts: Balancing Inclement Weather and the FSLA
- Planning Ahead to Get it Right for Your...more
The enforceability of a restrictive covenant in an employment agreement, including a non-competition, non-solicitation, or non-disclosure provision, depends greatly on the state in which the covenant is to be enforced. ...more
Under the Contract Disputes Act (“CDA”), a contractor must submit a claim within six years of accrual of the claim. A claim is simply a written demand for payment directed to the contracting officer (“CO”) that indicates that...more