Most government contracts include a Changes clause (notably, FAR 52.243-1), which grants the Government the right to order changes to the scope of the contractor’s work. That clause also entitles the contractor to an...more
The general rule (FAR 14.404-1(a)) is that – once a solicitation is put out for bid – the agency must award the contract to the responsible bidder with the lowest responsive bid.
However, as is usually the case, there are...more
This is the seventh of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors to...more
This is the first of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act. Certified Claims are the primary avenue available to government contractors to recover...more
Government contractors are already feeling the effects of the pandemic. Breakdowns in the global supply chain, labor shortages, and regional lock downs are already delaying federal projects across the country and around the...more
It has been a long time coming, but it appears that the government will (finally) amend the Federal Acquisition Regulation (FAR) to align with prior changes by the Small Business Administration (SBA) concerning credit for...more
Recently on the blog, I covered one of the major risks encountered by construction contractors – subsurface or unexpected physical conditions discovered after the work begins (commonly known as Differing Site Conditions...more
Federal procurements often include a competitive range of offerors seeking the contract award. The Federal Acquisition Regulation (FAR) competitive range procedure offers the agency an incremental stage in the competition...more
I recently had the opportunity to present an online CLE for LawLine on Risk Management in Government Contracting. This is my second time presenting a course for LawLine (I previously taught a course on Small Business...more
In today’s Federal marketplace, it is very common to see solicitations that give the Agency the option of entering into discussions with offerors. The primary objective of discussions is to maximize competition and, in turn,...more
For federal contractors, it is not an exaggeration to say that performance evaluations are the lifeblood of the business. A less-than-satisfactory evaluation in the Contractor Performance Assessment Reporting System (CPARS)...more
Contractors seeking to recover additional time and/or costs on government contracts typically choose to proceed with either a Request for Equitable Adjustment (REA) or a Claim. These remedies fall under the general umbrella...more
This is not a unique story – but there is still a lesson for Federal contractors to learn.
A recent GAO decision considered an electronic proposal submitted by email just prior to the 4:00 p.m. deadline. Although the...more
Earlier this month, we had the pleasure of opening the 2017 Associated General Contractors of America Federal Contractor Conference in Washington, DC with a presentation focused on the emerging issue of Cybersecurity in...more