GovConLaw Blog
Submission of an REA Does Not Toll CDA Statute of Limitations
Most government contractors are familiar with the disputes process for pursuing claims against the Federal Government. Generally speaking, the contractor submits a claim (certified if necessary) to the Contracting Officer who issues a final decision on the claim. The...
The Federal Government Contract Minimum Wage Increase Is in Effect
Effective January 1, 2021, federal government contractors are required to pay their employees performing work on or in connection with covered government contracts at least $10.95 per hour – an increase of $0.15/hour from the 2020 federal minimum wage. 85 FR 53850...
Federal Circuit Affirms That BPAs May Not Be Binding Contracts
In a previous blog, we discussed a decision by the Court of Federal Claims (COFC) in McLeod Group, LLC v. United States, 142 Fed. Cl. 558 (2019), that blanket purchase agreements (BPAs) are not contracts for purposes of the Contract Disputes Act (CDA). In that case,...
District Court Partially Enjoins Combating Race and Sex Stereotyping Executive Order
In previous blogs, we wrote about Executive Order 13950, Combating Race and Sex Stereotyping, and the NAACP’s lawsuit to enjoin implementation of Executive Order 13950. Since then, other groups have filed suit also seeking to enjoin implementation and enforcement of...
Failure to Have Active SAM Registration at Time of Bid Was Not Fatal
Government contractors must be registered in the System for Award Management (SAM) and complete required representations and certifications annually. FAR 52.204-7 requires bidders, with some limited exceptions, to be registered in SAM at the time of bid and to...
ASBCA Holds That Claim for Payment Accrues When Work Is Completed
Under the Contract Disputes Act (CDA), contractors have to submit claims against the Government relating to a contract within six years after the accrual of the claim. Under FAR 33.201, a claim accrues when all events that fix the alleged liability and permit...
OFCCP Issues New Technical Assistance Guide for Small Federal Contractors
Generally speaking, government contractors are subject to various equal employment opportunity (EEO) and affirmative action requirements. Complying with these requirements can be difficult. To assist government contractors with understanding their obligations, the...
COFC Declines to Override CICA Stay of COVID Testing Contract
When a contractor files a bid protest with the Government Accountability Office (GAO), that protest triggers an automatic stay of the procurement as long as the protest is timely filed in accordance with the Competition in Contracting Act’s (CICA) automatic stay...
CBCA Lacks Jurisdiction Over Untimely Appeal
Disputes under government contracts are governed by the Contract Disputes Act (CDA). Generally speaking, under the CDA’s disputes process, the contractor files its claim with the Contracting Officer. The Contracting Officer issues a final decision on the claim, and...
Even in Best Value Procurements, Price Matters
The Federal Government awards many of its contracts on the basis of best value (i.e., the contracting agency awards the contract to the offeror whose proposal has the best combination of technical evaluation factor scores and price). A solicitation is supposed to...
SBA Declines to Hear Appeal That 8(a) Applicant Lacks Good Character
Companies that want to apply to the Small Business Administration’s (SBA) 8(a) Business Development Program must meet a number of eligibility criteria. Specifically, the SBA regulations require that the company be a small business that demonstrates potential for...
DOL Issues Guidance on Entitlement to Travel-Time Pay for Construction Employees
The Fair Labor Standards Act (FLSA), the Portal-to-Portal Act, and their implementing regulations generally require employers to pay an employee when the employee is working. However, the regulations do not always address every situation and questions can arise...
