GovConLaw Blog
Contractors Beware of Unauthorized Government Officials
Contracting with the Government? Be careful! Make sure the government representative with whom you are dealing has the actual authority to bind the Government to a contract because you bear the risk if the government representative overstated his or her authority. The...
read more
GAO Holds that Proposal Strengths Must Relate to RFP Requirements
When evaluating proposals, the Government will identify what it considers strengths of the various offerors’ proposals. The Government’s evaluation of the strengths of the various proposals is key to the ultimate source selection decision. The Government typically...
read more
Government Limits Adequate Price Competition Exception to the Requirement to Submit Certified Cost or Pricing Data
Effective on July 12, 2019, the Federal Acquisition Regulation (“FAR”) will be amended to limit the scope of the exception to certified cost or pricing data requirements when price is based on adequate price competition. This change will impact contracts awarded by...
read more
ASBCA Holds that Sending Final Decision to Contractor’s Former Attorney Does Not Satisfy the CDA Requirement to Provide the Contractor with the Final Decision
Most government contractors are familiar with the disputes procedure for making claims against the Federal Government. The contractor submits a claim – certified if necessary – and the Contracting Officer issues a written final decision on the claim that is furnished...
read more
Can a Noncompliant Cybersecurity Program be a False Claim?
By now, government contractors generally are familiar with the Federal Government’s concerns over cybersecurity and the FAR and DFARS clauses requiring contractors to implement cybersecurity programs and otherwise safeguard information systems that process, store, or...
read more
What’s My Blanket Purchase Agreement Worth? Apparently, Not Much
Blanket Purchase Agreements (“BPAs”) are essentially charge accounts with qualified sources of supply. See, FAR 13.303-1. They are designed to be a simplified method of filling repetitive needs for supplies and services. The Government can use a BPA when it knows it...
read more
The Scope of the Doctrine of Good Faith and Fair Dealing
In previous blogs, P&A has discussed the doctrine of good faith and fair dealing. The doctrine holds that every contract imposes upon each party a duty of good faith and fair dealing in its performance and enforcement. Neither party may interfere with the other...
read more
The Requirement to Prove Competitive Prejudice Continues to Burden Protestors
In order to prevail on a bid protest, the protester must prove not only that the procuring agency erred but also that the protester was competitively prejudiced by that error. Sometimes that can be difficult for the protester to do. For example, in Alexandra...
read more
CONTRACTORS OFTEN FEEL THAT THEY HAVE BEEN TREATED UNFAIRLY BY THE GOVERNMENT: SOMETIMES THEY’RE RIGHT
Every contract imposes upon each party a duty of good faith and fair dealing in its performance and enforcement. Failure to fulfill that duty constitutes a breach of contract, as does failure to fulfill a duty imposed by a promise stated in the contract. However, in a...
read more
GSA Proposes Guidance on Using the Construction-Manager-As-Constructor Project Delivery Method
In an effort to reduce federal government construction project costs and delivery timelines, on November 8, 2018, the General Services Administration (GSA) issued a proposed rule amending the GSA Acquisition Regulation (GSAR) to formally adopt the project delivery...
read more
Contractor Required to Post Payment and Performance Bonds Despite Lack of Contract Requirement
In a recent decision, the Court of Appeals for the Federal Circuit held that a contractor was required to furnish payment and performance bonds even though its government contracts did not include the standard FAR clause (FAR 52.228-15, Performance and Payment Bonds –...
read more
OHA Affirms SBA Decision that Service Disabled Veteran Did Not Qualify as Socially Disadvantaged
The Small Business Administration (“SBA”) has a business development program known as the 8(a) program under which qualifying small businesses can receive additional assistance, including set-aside contracts. To participate in the 8(a) program, a small business must...
read more
