On the evening of November 9, the U.S. Senate agreed to a deal aimed at ending the government shutdown. The deal is the first step toward reopening the federal government
Continue Reading How to Prepare for the End of the Government ShutdownNicholas T. Solosky
Lessons Learned – Did I Waive My Claim Against the Government?
By Nicholas T. Solosky on
Contractors working with the federal government understand that contract modifications are a fact of life. Projects rarely unfold exactly as planned – and changes to the scope of work, performance…
Continue Reading Lessons Learned – Did I Waive My Claim Against the Government?CICA Stay Preserved: COFC Rules in Favor of Protester, Applies Equitable Tolling
By Nicholas T. Solosky & Evan Williams on
The Competition in Contracting Act (CICA) of 1984 establishes a procedure that effectively pauses performance of a federal contract award during a bid protest.
If a disappointed bidder files a…
Continue Reading CICA Stay Preserved: COFC Rules in Favor of Protester, Applies Equitable TollingGAO Holds that Enhanced Debriefing Timing Regulations Control Over Agency Instructions
By Nicholas T. Solosky & Evan Williams on
Timing is everything when it comes to bid protests at GAO.
There is a mountain of GAO case law dismissing untimely protests. Contractors must strictly follow GAO’s regulations to avoid…
Continue Reading GAO Holds that Enhanced Debriefing Timing Regulations Control Over Agency InstructionsCDA Claim Management Primer: Suspension of Work (FAR 52.242-14)
By Nicholas T. Solosky on
Federal construction contracts often involve unforeseen delays. The key question is who is responsible for the resulting costs.
A new decision from the ASBCA provides a blueprint for how contractors…
Continue Reading CDA Claim Management Primer: Suspension of Work (FAR 52.242-14)Beyond Dollars: COFC View on Declaratory Relief Makes Room for CPARS Litigation
By Nicholas T. Solosky on
Federal contractors understandably associate litigation at the Court of Federal Claims (COFC) with recovering monetary damages. Appealing denied claims to the COFC (along with the Boards of Contract Appeals) is…
Continue Reading Beyond Dollars: COFC View on Declaratory Relief Makes Room for CPARS LitigationBid Protest Insights – Understanding Price Realism in Compensation Plans
By Nicholas T. Solosky & David O'Neill on
Price realism challenges stand out as a common basis for bid protests in federal procurements.
A competitor’s unrealistically low pricing may signal a lack of understanding or commitment to contract…
Continue Reading Bid Protest Insights – Understanding Price Realism in Compensation PlansNew GAO Decision Highlights Effective OCI Identification and Mitigation Practices
By Nicholas T. Solosky on
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 PracticesUpdate: FAR 2.0 Rollout Underway
By Nicholas T. Solosky on
In 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 UnderwayProtesting Key Personnel – When to Pounce on a Bait-and-Switch
By Nicholas T. Solosky on
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-Switch