Much has been written during recent years regarding the increasing volume of government acquisitions and spending effected under Other Transaction (OT) authority. These transactions are generally exempt from the requirements of the Federal Acquisition Regulation (FAR), and the ability of offerors (or potential offerors) to challenge agencies’ decisions has been…
Continue Reading Other Transaction Authority: COFC Employs a “Principal Purpose” Test to Determine Whether Bid Protest Jurisdiction ExistsFederal construction contracts often involve unforeseen delays. The key question is who is responsible for…
Continue Reading CDA Claim Management Primer: Suspension of Work (FAR 52.242-14)On May 22, 2025, the Trump Administration unveiled the next installment of the revised Federal…
Continue Reading Update: Latest FAR 2.0 Revision ReleasedBeyond Dollars: COFC View on Declaratory Relief Makes Room for CPARS Litigation
Federal contractors understandably associate litigation at the Court of Federal Claims (COFC) with recovering monetary…
Continue Reading Beyond Dollars: COFC View on Declaratory Relief Makes Room for CPARS LitigationSubscribe to The Federal Government Contracts & Procurement Blog
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GAO just sharpened the distinction between winning and losing protest arguments related to key project personnel.
The issue turns on the question of whether the winning proposal included “material misrepresentations”…
Continue Reading Protesting Key Personnel – When to Pounce on a Bait-and-SwitchThe Push Towards FAR 2.0 – Interpreting the Most Recent Trump Executive Orders
The federal procurement landscape continues to shift and transform.
Two recent executive orders push the government contracting community further towards the plan for a comprehensive update of the Federal Acquisition…
Continue Reading The Push Towards FAR 2.0 – Interpreting the Most Recent Trump Executive OrdersAmid Uncertainty, Government Contractors Should Document, Notify, and Escalate Claims
Government contractors working for the Department of Education (DE), the United States Agency for International Development (USAID), and other agencies like the National Science Foundation (NSF) and Consumer Financial Protection…
Continue Reading Amid Uncertainty, Government Contractors Should Document, Notify, and Escalate ClaimsExecutive Orders to Watch for Federal Contractors and Fund Recipients
President Trump signed a multitude of Executive Orders (EOs) during his first two weeks in office. EOs are directives from the President to federal agencies that do not require Congressional…
Continue Reading Executive Orders to Watch for Federal Contractors and Fund RecipientsThe Federal Circuit just dismissed the Government’s “Late is Late” appeal on Dec. 16th as moot, preserving the split between the Court of Federal Claims (COFC) and the Government Accountability…
Continue Reading Late is Late Update: eSimplicity Upheld“What are my chances?” This is the most common question clients ask when considering whether to protest. GAO’s Annual Report to Congress shows that the “effectiveness” rate of protests is…
Continue Reading GAO Report: Most Protesters Receive ReliefLesson Learned: Board Holds that Only the Contracting Officer Can Bind the Government
Most government contracts include a Changes clause (notably, FAR 52.243-1), which grants the Government the right to order changes to the scope of the contractor’s work. That clause also entitles…
Continue Reading Lesson Learned: Board Holds that Only the Contracting Officer Can Bind the GovernmentCOFC Says GAO has been wrong on Photocopied Bid Bond Signatures for Decades
Late last year, the Court of Federal Claims (“COFC”) contradicted long-standing Government Accountability Office (“GAO”) precedent on the acceptability of photocopied signatures on bid bonds finding that the Government’s reliance…
Continue Reading COFC Says GAO has been wrong on Photocopied Bid Bond Signatures for DecadesThe Federal Government is committed to developing its relationship with small and disadvantaged businesses through set-aside contracts that incentivize and protect these companies from competing with large, established competitors. But…
Continue Reading Can the Government Ignore Red Flags of Set-Aside Fraud?About this Blog
Authored by attorneys in the firm’s Federal Government Contracts & Procurement Practice, this blog addresses current and future issues affecting federal contractors and procurement professionals in both the Washington, D.C., area and throughout the United States.