Govconlaw Blog
ASBCA Holds That Claim for Payment Accrues When Work Is Completed
By: Lori Lange
Published Date: December 18, 2020
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 assertion of the claim were known or should have been known. Case law generally holds that the [...] Read More
OFCCP Issues New Technical Assistance Guide for Small Federal Contractors
By: Lori Lange
Published Date: December 15, 2020
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 Office of Federal Contract Compliance Program (OFCCP) issues Technical Assistance Guides (TAGs). Recently, OFCCP released a new TAG for small federal contractors. The new guide is available here. [...] Read More
COFC Declines to Override CICA Stay of COVID Testing Contract
By: Lori Lange
Published Date: December 10, 2020
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 provisions. The automatic stay requires the procuring agency to stop the contract award or, if the contract has already [...] Read More
CBCA Lacks Jurisdiction Over Untimely Appeal
By: Lori Lange
Published Date: December 7, 2020
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 the contractor can appeal that final decision to either the appropriate board of contract appeals or the Court of Federal Claims. [...] Read More
Even in Best Value Procurements, Price Matters
By: Lori Lange
Published Date: November 30, 2020
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 indicate whether the technical evaluation factors, when combined, are more important, less important, or approximately equal to price. [...] Read More