In a complex case, the Civilian Board of Contract Appeals denied relief on a certified claim of $3.1 million for medical services where the contractor had billed for patient payments as inpatient status but the Department of Veterans Affairs (“VA”) had …
The Court of Claims recently made an unsurprising ruling in a case involving the transportation of 2,532 shipments of household goods for the Department of Defense (“DOD”), ruling that neither party had a legal right to alter the payment terms of the …
Here is another board case where the Christian Doctrine mandated the inclusion of the Service Contract Act (“SCA”) Clause, even though the agency failed to include it in the solicitation. Innovative Tech., Inc., ASBCA Nos. 61686, 62185. There were a few …
Under the Contract Disputes Act, the final decision of a contracting officer “is not subject to review by any forum, tribunal, or Federal Government agency, unless an appeal or action is timely commenced.” 41 U.S.C. § 7103(g). To initiate an appeal from …
Introduction: A Strategic Advantage for Veterans Veteran-owned businesses offer a wealth of knowledge, resilience, and leadership to the American economy. To bolster this sector, it is crucial to understand the power of set-aside programs. These federal …
A contract is void or voidable if the award resulted from misrepresentations in a contractor’s offer. This remedy is necessary when a contractor materially misrepresents information in its offer due to the potential “injury to the public interest by …
The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2023 on October 26, 2023 (B-158766). The GAO actually received 2,025 protests in fiscal year (“FY”) 2023 but dismissed or immediately …
The legal panel at the Coalition for Government Procurement’s Fall Conference highlighted the risk to contractors of not keeping proper records, not being specific about the recovery sought in a dispute, and the danger of leaving ambiguous contract clauses …
A legislative proposal to change how GSA Schedule contracts meet the terms of the Competition in Contracting Act (CICA) and a proposed rule to modify the Schedules Economic Price Adjustment Clause are among the larger changes GSA announced for the Multiple …
Key Points Description Federal Sustainability Goals and Mandates Outlines the US government’s sustainability goals and mandates Opportunities Arising for Contractors Growing in the renewable energy sector, energy-efficient retrofitting of federal buildings …
This blog has frequently stressed the importance of responding to any solicitation by the due date/time, fully, and in complete accord with the solicitation. In Better Direct, LLC, B-419893.27, July 5, 2023, an offeror’s proposal was eliminated from …
While Congress has passed a Continuing Resolution (CR) that will keep some government agencies open until January 19th and others until February 2nd, contractors should not view this CR as “business as usual”. The timing, “laddered” approach, and …
There aren’t many cases involving the Federal Employee Health Benefit (“FEHB”) program which provides medical insurance to federal employees and their families. So UnitedHealthcare Insurance Co, Inc. v. Office of Personnel Management, CBCA 7357, June 21, …
Strativia, LLC protested award of a task order to Field Data Technology (“FDT”) under a Department of Agriculture solicitation for support of a Retailer Service Center for Supplemental Nutrition Assistant Program (“SNAP”) benefits. (SNAP was previously …
Don’t ever ignore words in a solicitation. A contractor ignored specific email addresses for proposal delivery and failed to submit its proposal on time, thereby having its proposal rejected as “late.” Correct Solutions, LLC, B-421533, May 31, 2023. Its …
Hello and thank you for joining us for Episode 21 of Fun with the FAR Season 10! Our next session will cover: FAR Parts 36, 37, 41 and 48. FAR Part 36 covers Construction and Architect-Engineer Contracts, FAR Part 37 covers Service Contracting, FAR Part 41 …
A government waiver of a delivery date is an important potential defense against a termination for default. This is especially the situation where the contractor has failed to deliver the product in accordance with the contractually required delivery date …
Hello and thank you for joining us for Episode 21 of Fun with the FAR Season 10! Our next session will cover: FAR Parts 36, 37, 41 and 48. FAR Part 36 covers Construction and Architect-Engineer Contracts, FAR Part 37 covers Service Contracting, FAR Part 41 …
The General Services Administration (“GSA”) provides workplaces for federal workers by leasing and managing commercial real estate. GSA is authorized by 40 U.S.C. § 585 to enter into lease Agreements to accommodate Federal Agencies in buildings. The …
When the government defaults a contract and seeks excess costs of reprocurement, this is a government claim against the contractor, and it is the government’s burden to prove the elements of the reprocurement costs as well as the actual amount of the …
