GovConLaw Blog
CBCA Denies Ebola Shutdown Claim – A Sign of Things to Come?
On April 22, 2020, the Civilian Board of Contract Appeals (“CBCA”) issued a decision denying a contractor’s claim for the costs of demobilizing from a construction site due to concerns about performing work during an Ebola virus outbreak. Appeal of Pernix Serka Joint...
Department of Defense Issues Memorandum and Implementation Guidance Regarding Section 3610 of the CARES Act in Response to Impacts Associated with COVID-19
On March 30, 2020, the Office of the Under Secretary of Defense issued a Memorandum in response to impacts of COVID-19 on Department of Defense contracts (“Memorandum”). During this unprecedented time, the agency acknowledged the delays that may arise under current...
Technical Acceptability + Past Performance + Price ≠ LPTA
Section 813(a) of the National Defense Authorization Act created a policy against using lowest priced technically acceptable (LPTA) source selection process in circumstances that would deny the Department of Defense (DoD) the benefits of a cost and technical...
The Odds of Winning a Bid Protest: GAO Releases Its Annual Report
Contractors who are thinking about filing a bid protest generally have one overriding question: What are the odds that I’ll win my protest?
Ninety Seconds Late is Not a Minor Infraction
Written by Lori Ann Lange and Sabah Petrov* Offerors submitting bids, proposals, and quotes on government solicitations must submit their bids, proposals, and quotes by the required due date and time – and not one second later – as demonstrated by a recent Court of...
In Rare Case Court Holds Government Termination for Default was in Bad Faith
All government contracts give the Federal Government the right to terminate a contract for default if the contractor fails to perform. If the contractor’s failure to perform is excusable or the termination for default was improper, the termination usually is...
Court of Federal Claims Emphasizes Importance of Evidence to Show Standing in Bid Protest Claims
Though present in virtually every case, the doctrine of standing becomes especially pronounced in bid protest actions. Standing is the legal concept that a cause of action can only be brought by a party that has a stake in the outcome or has been harmed. For bid...
When is a Termination for Convenience a Breach of Contract?
For a contractor to succeed on a claim that it was wrongfully terminated for convenience by the Government it must prove that the termination was either in bad faith or was an abuse of discretion. This can be a high burden for a contractor to meet, as one contractor...
Challenging a Termination for Default
Contractors seeking to challenge a termination for default may first have to file a claim with the contracting officer. The Government can terminate a contract for default if the contractor fails to timely perform or falls so far behind that the Government believes...
Having Technical Issues Sending Proposals to the Government? Who Bears the Responsibility? You or the Government?
Ever tried to send documents electronically to the Government only to later learn that they were not timely received (or received at all) due to issues with the Government’s servers or websites? It happens more frequently than you may think. And it’s a significant...
Misclassifying Workers on Davis-Bacon Projects Can Lead to False Claims Act Liability
The Wage Rate Requirements (Construction) statute (aka the Davis-Bacon Act) requires contractors and subcontractors on federal and federally funded construction projects to pay onsite laborers and mechanics no less than the applicable prevailing wage. Wage...
When is a Request for Equitable Adjustment a Claim?
Most government contractors are familiar with the disputes procedure on government contracts. A dispute arises between the contractor and the Government. The contractor submits a Request for Equitable Adjustment (“REA”) or a claim. If the contractor submits a REA...
