Federal contractors need to be proactive about detecting and neutralizing or mitigating Organizational Conflicts of Interest (OCI).
The FAR’s OCI provisions (currently found at FAR Subpart 9.5) promote the…
Continue Reading New GAO Decision Highlights Effective OCI Identification and Mitigation PracticesIn what is sure to be an on-going series, we have the latest update regarding the FAR 2.0 rollout.
You can see my opening thoughts on the FAR 2.0 initiative…
Continue Reading Update: FAR 2.0 Rollout UnderwayGAO 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 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 OrdersMost 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 GovernmentThe 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 SolicitationEarly this month, several electrical trade associations urged the Biden administration to implement pragmatic BABA rules. In the letter sent to the Senior Advisor and Infrastructure Coordinator at the White…
Continue Reading Trade Associations Urge the White House for a Pragmatic Regulatory Landscape Concerning the Build America, Buy America (BABA) RulesOne of the most common concerns for federal contractors is delay.
Projects can fall behind schedule for a variety of reasons that are outside of the contractor’s control (government-directed changes…
Continue Reading CDA Claims: Delay Damages for an Early Finish?Small business government contractors are (or should be) aware of the SBA’s affiliation rules. In a nutshell, the rules set the standard for whether/when another business controls – or…
Continue Reading SBA OHA Rejects Unique Ostensible Subcontractor Affiliation DefenseThis 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 Contactors