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 GovernmentNicholas T. Solosky
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 SolicitationTrade Associations Urge the White House for a Pragmatic Regulatory Landscape Concerning the Build America, Buy America (BABA) Rules
Early 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) RulesCDA Claims: Delay Damages for an Early Finish?
One 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?SBA OHA Rejects Unique Ostensible Subcontractor Affiliation Defense
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 DefenseCDA 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 ContactorsChallenging CPARS Performance Evaluations through the Contract Disputes Act
This is the seventh 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 Challenging CPARS Performance Evaluations through the Contract Disputes ActHandling Subcontractor Pass-Through Claims Under the CDA
This is the sixth 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 Handling Subcontractor Pass-Through Claims Under the CDAContractor vs. Government Controversies Not Subject to the CDA
This is the fifth 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 Contractor vs. Government Controversies Not Subject to the CDACDA Claims vs. Requests for Equitable Adjustment
This is the fourth 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 CDA Claims vs. Requests for Equitable Adjustment