Contractors know that most contracts for services are subject to the Service Contract Act, 41 U.S.C. § 351(a) (the “SCA”). The SCA was...
The Federal Acquisition Regulation (“FAR”) is found in Title 48 of the Code of Federal Regulations. It consists of 37 Chapters (Chapter...
In a recent decision overruling the Court of Federal Claims, the Federal Circuit upheld a contractor’s claim of negligent estimates in a...
A recent Armed Services Board of Contract Appeals (“ASBCA”) decision is a strong reminder that contractors must submit complete and...
In a precedent setting case, the Court of Federal Claims found that there was a good reason to award more than the minimum $125 hourly...
The Corps of Engineers learned the hard way that 28 U.S.C. § 516 means what it says, and that the Department of Justice has the right to...
As of the last week in August 2017, there is no agreement in Washington, DC on a great budgetary trifecta: (1) a needed increase in the...
Most construction contractors understand that Federal Acquisition Regulation (“FAR”) 52.236-21, Specifications and Drawings for...
The Small Business Administration (“SBA”) size regulations include an “ostensible subcontractor” rule. This rule provides that when a...
When a manufacturing or supply contract is set aside for small businesses, the Small Business Administration (“SBA”) size regulations...
The Truth in Negotiations Act (“TINA”) requires that contractors furnish cost or pricing data before an agreement on price for most...
Negotiated procurements conducted pursuant to Federal Acquisition Regulation (“FAR”) Part 15 are structured with one Source Selection...
In what appears to be a first, the Government Accountability Office (“GAO”) sustained a protest because an agency imposed unreasonably...
Constructive acceleration occurs when the government demands the contractor’s compliance with an original contract deadline even though...
Claude Mayo Construction Company, Inc. (“Mayo”) had a contract with the General Services Administration (“GSA”) to renovate a U.S....
In a recent bid protest decision, the Government Accountability Office (“GAO”) made clear that when agencies conduct competitions for...
How many contractor demands for payment make a claim? The Contract Disputes Act (“CDA”) requires that “each claim by a contractor...
About a year ago, this blog published two articles on discussions, “Six Recurring Agency Mistakes in Discussions” and “Once Again:...
This blog has frequently discussed cases supporting the strong principle that the federal government has given the authority to enter...
Black’s Law Dictionary (5th Ed. 1979) defines “incorporation by reference” as the “method of making one document …become a part of...
