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 … [Read more...]
Unconscionability in Contracting
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 … [Read more...]
The Most Important FAR by Far
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 … [Read more...]
“Outcome Prediction” at GAO
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 … [Read more...]
Protesters Must Show the Prejudice Cost Them the Game
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 … [Read more...]
Court of Federal Claims Judge Explains the Sovereign Act Defense
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 … [Read more...]
Ten Protest Rules to Remember
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 … [Read more...]
Do Not “Read Out” Portions Of The Contract
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 … [Read more...]
Subcontracts: Mandatory Flow Down Myths and Reality
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 … [Read more...]