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 Claims
Late is Late Update: eSimplicity Upheld
The 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
Continue Reading Late is Late Update: eSimplicity UpheldGAO Report: Most Protesters Receive Relief
“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 ReliefCOFC 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 DecadesCan the Government Ignore Red Flags of Set-Aside Fraud?
The 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?CDA Claim Series Wrap Up: Best Practices for Government Contactors
This is the eighth (and last) of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to
Continue Reading CDA Claim Series Wrap Up: Best Practices for Government ContactorsPractical Litigation Strategies for CDA Claims
This is the third of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors
Continue Reading Practical Litigation Strategies for CDA ClaimsContractor Alert: GAO Reaffirms Position on Late Email Proposals
In a post earlier this year, I discussed a significant split between the Court of Federal Claims (COFC) and the Government Accountability Office (GAO). GAO has long held that email
Continue Reading Contractor Alert: GAO Reaffirms Position on Late Email Proposals
Material Escalation: A Difficult Road to Recover Costs
The annual inflation rate in the United States rose 7% in 2021, its highest rate since 1982. The construction industry has not been immune from this general trend, with steel
Continue Reading Material Escalation: A Difficult Road to Recover Costs
Upcoming Webinar: Contesting Erroneous CPARS Evaluations
I am excited to host this upcoming Webinar on Protecting the Reputation of Government Contractors by Challenging Erroneous CPARS Evaluations.
The Webinar goes Live on Wednesday, August 19 at
Continue Reading Upcoming Webinar: Contesting Erroneous CPARS Evaluations