If the government benefits from something a contractor provides without contracting officer approval, there are only a few ways a contractor can force the government to pay. In a recent decision of the Civilian Board of Contract Appeals (CBCA), the Board used one of...
The Danger of Not Strictly Following the Assignment of Claims Process
For a contractor, making sure it gets a steady cash flow so it can perform a government contract may be one of the most important prerequisites for successfully performing a contract. One way a contractor can be assured of steady cash flow is by doing “an assignment...
What Government Contractors Need to Know About the Executive Order Raising the Minimum Wage for Certain Federal Contractors
On April 27, 2021, President Biden signed an Executive Order raising the minimum wage from $10.95 to $15.00 per hour for certain federal contractors, starting January 30, 2022. The Executive Order will apply to any new contract; new contract-like instrument; new...
Only a “Required Debriefing” Extends the GAO Protest Deadline
Under GAO’s bid protest regulations, a post-award protest must be filed within ten days from the time the protester knew or should have known the basis of the protest. However, if a protestor receives a “required debriefing,” then a protest must be filed within ten...
Offerors Must Always Carefully Review the Q&As Before Submitting a Proposal
GAO’s recent decision in Barbaricum, LLC, B-418427.7 (Dec. 11, 2020) highlights the importance of carefully reviewing all Q&As issued as part of a solicitation. The Army Material Command (AMC) issued a solicitation for training support services to provide “special...
Avoiding Problems with Verifying an “Adequate Accounting System”
One golden rule for contractors trying to win a government contract is “Carefully read the solicitation’s fine print.” This is especially true for an offeror trying to win contracts other than firm-fixed-price contracts. To win cost-reimbursement contracts and task...
Supreme Court Opines on the Deliberative Process Privilege
There are situations in which a government contractor might want access to documents held by the government. The Freedom of Information Act (FOIA) provides a means to acquire such documents. FOIA requires federal agencies to make records available to the public upon...
Tips for Obtaining an Effective Required Debriefing
In this article, we describe the general rules that a government contractor must follow to get an effective “required debriefing.” It is based on our years of government contract experience working with clients who want to get as much information as possible from the...
Section 3610 of the CARES Act Extended until September 30, 2021
On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021, a $1.9 trillion economic stimulus bill to facilitate the recovery from the impact of the COVID-19 pandemic. The Act extended Section 3610 of the CARES Act through September 30,...
Civilian Agencies Face New Restrictions for LPTA Procurements Under New FAR Rule
Earlier this year the Federal Acquisition Regulation (“FAR”) Council issued a final rule, which took effect February 16, 2021, amending the FAR to limit the use of Lowest Price Technically Acceptable (“LPTA”) source selection procedures. Similar to the final rule...