Govconlaw Blog
Eighth Circuit Reverses District Court Decision Allowing Surety to Rescind Bonds for Alleged Illegal Subcontract as Premature
By: Lori Lange
Published Date: July 13, 2020
In a recent decision, the United States Court of Appeals for the Eighth Circuit reversed a district court’s decision holding that a surety was not required to fulfill any of its obligations under payment and performance bonds because the subcontract between the prime contractor and the subcontractor violated the small business self-performance requirements. Hanover Insurance Co. v. Dunbar Mechanical Contractors, [...] Read More
CBCA Denies Ebola Shutdown Claim – A Sign of Things to Come?
By: Lori Lange
Published Date: April 30, 2020
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 Venture v. Department of State, CBCA No. 5683 (April 22, 2020). This decision is an important indicator [...] Read More
Department of Defense Issues Memorandum and Implementation Guidance Regarding Section 3610 of the CARES Act in Response to Impacts Associated with COVID-19
By: Lori Ann Lange & Sabah Petrov
Published Date: April 20, 2020
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 contracts with the Department of Defense because contractors are unable to access their work sites and the employees of [...] Read More
Technical Acceptability + Past Performance + Price ≠ LPTA
By: Peck Law
Published Date: November 26, 2019
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 tradeoff. Under the LPTA source selection process, award is made to the offeror who submits the lowest-price as long as the offeror’s [...] Read More
The Odds of Winning a Bid Protest: GAO Releases Its Annual Report
By: Peck Law
Published Date: November 18, 2019
Contractors who are thinking about filing a bid protest generally have one overriding question: What are the odds that I’ll win my protest? Of course, the odds of winning will depend upon a number of factors, including the basis for the protest and the facts that support the protest. Recently, the Government Accountability Office (GAO) released its annual report to [...] Read More
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