Govconlaw Blog
Contractors Beware of Unauthorized Government Officials
By: Peck Law
Published Date: July 15, 2019
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 Government has millions of civilian employees and military personnel. Federal expenditures would be completely unmanageable if all these [...] Read More
GAO Holds that Proposal Strengths Must Relate to RFP Requirements
By: Joshua Morehouse
Published Date: July 8, 2019
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 enjoys a lot of discretion in identifying and comparing these strengths, but this discretion is not unlimited. For instance, the Government cannot consider [...] Read More
Government Limits Adequate Price Competition Exception to the Requirement to Submit Certified Cost or Pricing Data
Published Date: July 1, 2019
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 DoD, NASA, and the Coast Guard. Before awarding a contract, the Government must determine that the proposed contract [...] 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
By: Peck Law
Published Date: June 24, 2019
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 to the contractor. The Contracting Officer’s final decision can be furnished to the contractor by certified mail, return receipt [...] Read More
Can a Noncompliant Cybersecurity Program be a False Claim?
By: Peck Law
Published Date: June 17, 2019
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 transmit federal contract information. See, FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems; DFARS 52.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting. There [...] Read More