The Government Contractors Network
Here's a call for action from our friend Bill Spriggs. Seems someone with the Air Force didn't take kindly to his article, Unconscionability in Contracting, he published yesterday so they blocked access to his website. This will be interesting. Not sure what can or should be done, but they have fighter jets.. I don't. This is from Spriggs Law Group's … [Read more...]
An interesting situation and commentary by Bill Spriggs, a GovCon lawyer who writes interesting articles regularly at: Spriggs Law Group Yesterday, a contracting officer told a contractor to decrease its price by 10% "for sequestration related cuts, without any changes to contractual services levels." Yes, believe it or not, one of our government … [Read more...]
By far the most important section in the Federal Acquisition Regulation (FAR), for these trying times in particular, is FAR 15.201. We need to keep reminding ourselves and everyone in the procurement community about it. Following it is the cornerstone of any successful acquisition. 15.201 Exchanges with industry before receipt of proposals (a) Exchanges … [Read more...]
In 1996, the Government Accountability Office (GAO), began using a type of alternative dispute resolution (ADR) known as "outcome prediction". It usually takes place after all the parties have thoroughly briefed the issues raised in the original and supplemental protests, an evidentiary hearing has taken place (which is fairly rare), and all that is left is … [Read more...]
Bill Spriggs of Spriggs Law Group explains in a clear way why you need to do more than prove the government changed the rules or committed a penalty during a game. You need to show that the violation may have cost you to lose the game (contract award). Protesters Must Show Prejudice In two recent decisions, the Government Accountability Office (GAO) … [Read more...]
Senior Judge and former Chief Judge Loren Smith of the Court of Federal Claims (COFC) has just written an opinion explaining the sovereign act defense (which the government can raise in contract disputes) and applying it to a particular fact situation. He starts by reminding us that when the government acts in its capacity as a contractor, the courts treat … [Read more...]
Protests can be filed with the Government Accountability Office (GAO) or in the Court of Federal Claims (COFC). If filed at GAO and a similar case is filed in the COFC, GAO will dismiss the protest case at GAO. If a contractor is unhappy with the result at GAO, it can file a similar protest at the COFC. Here are some important rules to … [Read more...]
Judge Owen Wilson of the Armed Services Board of Contract Appeals (ASBCA) has just issued an opinion in which he sustains the contractor's appeal because the government decided to "read out" portions of the contract. This, he says, is "not legally defensible." The case involved a Corps of Engineers contract for interior design services issued on a sole … [Read more...]
You will not find a list of mandatory subcontract flow down clauses conveniently located in any regulation. We have to create our own lists (depending, of course, on the type of prime contract and other regulatory criteria). The American Bar Association (ABA) Public Contract Law Section has two now outdated publications addressing mandatory and suggested … [Read more...]
The Small and Emerging Contractors Advisory Forum (SECAF) announced the winners for its Fifth Annual … [Read More...]
This is an interesting way to view the government's LPTA practices. Shared with us by guest writer … [Read More...]
So the sky hasn't fallen and the sun appears to be rising as it always has. Is all good? Here are … [Read More...]
Having “standing” or the “right” to sue in a bid protest action is generally limited to … [Read More...]
