News & Analysis as of

Federal Acquisition Regulations (FAR) Contract Disputes Federal Contractors

Miles & Stockbridge P.C.

Federal Circuit Expands What It Means to be an ‘Interested Party’ to Bring Bid Protest

The Court of Appeals for the Federal Circuit (CAFC) continues to redefine the Court of Federal Claims’ (COFC) ability to hear cases affecting all stages of the federal procurement process....more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 6

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Claims Updates - Avue Technologies Corp. v. Department of Health & Human Services, No. 2022-1784 Fed. Cir. (March 6, 2024) The Federal Circuit issued its much-anticipated decision in a case that presented the question...more

PilieroMazza PLLC

Good News for Pandemic-Related Government Contract Claims: McCarthy HITT – Next NGA West JV

PilieroMazza PLLC on

On December 20, 2023, the Armed Services Board of Contract Appeals (the Board) denied the government’s motion to dismiss pandemic-related claims. In doing so, the Board rejected the government’s arguments alleging that the...more

PilieroMazza PLLC

Subcontract Flow-Down Provisions: Constructive Acceleration and Delays on Federal Projects

PilieroMazza PLLC on

A contractor’s claims against the government for constructive acceleration and delays are governed, in part, by the applicable clauses of the Federal Acquisition Regulations (FAR) incorporated into its contract with the...more

Perkins Coie

Federal Circuit Holds “Sum Certain” Requirement in Government Contracts Cases Is Nonjurisdictional

Perkins Coie on

Clarifying a significant issue in government contracts litigation against the government, the U.S. Court of Appeals for the Federal Circuit has held that the so-called “sum certain” requirement for Contract Disputes Act (CDA)...more

Seyfarth Shaw LLP

Federal Circuit Nullifies Sum Certain Contract Disputes Act Jurisdictional Defense

Seyfarth Shaw LLP on

In ECC Int’l Constructors, LLC v. Sec’y of Army, No. 2021-2323, 2023 WL 5355302 (Fed. Cir. Aug. 22, 2023), the U.S. Court of Appeals for the Federal Circuit considered whether the Federal Acquisition Regulation (“FAR”)...more

Wiley Rein LLP

Federal Circuit Holds “Sum Certain” Requirement for CDA Claims Is Not Jurisdictional

Wiley Rein LLP on

WHAT: After previewing earlier this year that it was reconsidering its existing precedent, the Federal Circuit held yesterday that the requirement that contractors state a “sum certain” in claims brought under the Contract...more

Schwabe, Williamson & Wyatt PC

The Importance of Active Registration: Lessons for Federal Contractors

On May 23, 2023, the Court of Federal Claims (COFC) granted a preliminary injunction halting the award and performance of a contract awarded to Cloud Harbor Economics, LLC Cloud Harbor from the Department of Health and Human...more

Venable LLP

Federal Circuit Clarifies Bid Protest Jurisdiction Over SBA Size Determinations

Venable LLP on

While it is well settled that the U.S. Court of Federal Claims (the Claims Court) lacks bid protest jurisdiction over the majority of task or delivery order awards, the U.S. Court of Appeals for the Federal Circuit recently...more

Fox Rothschild LLP

Challenging CPARS Performance Evaluations through the Contract Disputes Act

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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

Fox Rothschild LLP

Accessing Remedy Granting Clauses under the Contract Disputes Act

Fox Rothschild LLP on

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

Husch Blackwell LLP

The Difference Between Differing Site Conditions And Superior Knowledge

Husch Blackwell LLP on

The decision of the Court of Federal Claims in Marine Industrial Construction LLC v. United States, 158 Fed. Cl. 158 (2022), includes detailed analysis of several legal issues familiar to contractors facing challenging...more

Morgan Lewis

Federal Circuit Decision Further Muddies Path to Compensation for Government Contractors

Morgan Lewis on

In Zafer Construction Company v. United States, the US Court of Appeals for the Federal Circuit reaffirmed that a request for equitable adjustment by a contractor will be treated as a “claim” within the meaning of the...more

Fox Rothschild LLP

Effective Contract Management Primer: FAR Remedy Granting Clauses, Certified Claims, and Disputes

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Submitting a certified claim to a government agency or appealing a contracting officer’s final decision (COFD) can be a risky business decision for federal contractors. On one hand, there is the risk of straining the...more

Lewis Roca

Federal Circuit Clarifies When Claims Accrue Under the Contract Disputes Act

Lewis Roca on

The Contract Disputes Act allows contractors seeking payment of a claim arising from a contract with the federal government six years from the date it accrued to submit the claim to the contracting officer. Failure to do so...more

Carlton Fields

Government Contracting Phase One: Transitioning From Commercial to Government Work

Carlton Fields on

Due in large part to the COVID-19 pandemic, there’s been significant movement toward the government contracting arena and away from the commercial world. Join Carlton Fields attorney Joe McManus and Paul Williams, former...more

Stinson - Government Contracting Matters

How Late Is Too Late to File a Claim?

The Contract Disputes Act (CDA) governs claims under FAR-based Government contracts. More than forty years after its enactment in 1978, we are apparently still not all in agreement as to when the time for filing a claim has...more

Stinson - Government Contracting Matters

ASBCA Revisits Email “Signature” and Finds Typed Name Meets the Test

In a departure from its prior precedent, the Armed Services Board of Contract Appeals (ASBCA) recently held in Kamaludin Slyman CSC, ASBCA Nos. 62006, 62007, 62008, that a typed name at the end of an email satisfies the...more

Bradley Arant Boult Cummings LLP

Termination for Default – the Government's Burden - Construction and Procurement Law News, Q3 2019

In Alutiiq Manufacturing Contractors, LLC v. United States, the U.S. Court of Federal Claims ruled that the Government had improperly terminated a construction contract for default and ordered that the default termination be...more

Bass, Berry & Sims PLC

Equitable Adjustment Appropriate Where Agency Assumed Contractor’s Duty to Identify SCA Positions

Bass, Berry & Sims PLC on

A recent decision in Sotera Defense Solutions, Inc. v. Department of Agriculture, CBCA 6029, 6030, by the United States Civilian Board of Contract Appeals (CBCA), upheld a contract provision that imposed greater obligations...more

Davis Wright Tremaine LLP

ASBCA Provides Guidance on CENTCOM Default Termination Decision

In Watts Constructors, LLC, (June 24, 2019), the Armed Services Board of Contract Appeals (ASBCA) provided further guidance on its earlier decision ECC CENTCOM, 18-1 BCA 37,133. ...more

Bradley Arant Boult Cummings LLP

CPARS Evaluations: Are You Stuck with What You Get?

Part 42.15 of the FAR entitles federal contractors to submit comments and receive agency review of an unfavorable performance evaluation in the Contractor Performance Assessment Reporting System (CPARS). If the contractor’s...more

Sheppard Mullin Richter & Hampton LLP

CBCA Rules Contractor Under GWAC Task Orders Properly Submitted Claims to the Agency Ordering Contracting Officer Instead of the...

In a case of first impression, the Civilian Board of Contract Appeals (“CBCA”) ruled that a contractor performing task orders issued against a government-wide acquisition contract (“GWAC”) properly submitted its claims to the...more

Cohen Seglias Pallas Greenhall & Furman PC

How the Judgment Fund’s Availability Impacts a Contracting Officer’s Decision to Settle a Claim

The Judgment Fund was established by Congress in 1956 to alleviate the need for specific legislation following every successful claim against the United States. The purpose behind the Judgment Fund was to eliminate the...more

Bradley Arant Boult Cummings LLP

Catch and Release: the Importance of Analyzing Potential Claims before Signing a Release and Receiving Final Payment -...

The Army Corps of Engineers (the “Corps”) retained Merrick Construction, LLC (“Merrick”) to perform work on a hurricane protection levee near New Orleans, Louisiana. The contract between the Corps and Merrick contained...more

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