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 ClaimsFederal Government

Executive 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…
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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 UpheldLesson 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 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?How to Protest an Agency’s Decision Canceling a Solicitation
The general rule (FAR 14.404-1(a)) is that – once a solicitation is put out for bid – the agency must award the contract to the responsible bidder with…
Continue Reading How to Protest an Agency’s Decision Canceling a SolicitationPractical 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 ClaimsSmall Business Compliance Due Diligence Leads to Reduced FCA Penalty
Earlier this month, the Department of Justice (DOJ) announced a $5.2 million civil settlement agreement to resolve small business set-aside fraud allegations against an aerospace contractor.
While the $5+ million…
Continue Reading Small Business Compliance Due Diligence Leads to Reduced FCA PenaltyNavigating the Business Risks Associated with the Federal Contractor Vaccine Mandate
President Biden recently issued Executive Order No. 14042 requiring covered federal contractors ensure that their employees are fully vaccinated against COVID‑19 unless an employee otherwise requests, and receives an accommodation…
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