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 DecadesCourt of Federal Claims
Can 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…
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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 …
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Join Us for the Fox Rothschild Federal Contracts Symposium
Please join us for Fox Rothschild’s Federal Government Contracts Symposium on March 30-31, 2020 at The Mayflower Hotel in Washington, D.C.
Space is limited, so please use this link to …
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Protesting Improper Conversions from Best Value to LPTA
Best Value and Lowest Price Technically Acceptable (LPTA) procurements trigger very different bidding obligations for contractors.
As I’ve detailed in this space before, Best Value procurements place limited importance…
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COFC Highlights Importance of Proving Damages in CDA Claims
Contract Disputes Act (CDA) claims offer Government Contractors the opportunity to recover costs incurred due to Government-caused changes or delays. While the initial focus often rests on proving liability, a…
Continue Reading COFC Highlights Importance of Proving Damages in CDA Claims