Much has been written during recent years regarding the increasing volume of government acquisitions and spending effected under Other Transaction (OT) authority. These transactions are generally exempt from the requirements
Continue Reading Other Transaction Authority: COFC Employs a “Principal Purpose” Test to Determine Whether Bid Protest Jurisdiction ExistsCDA Claim Management Primer: Suspension of Work (FAR 52.242-14)
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)Update: Latest FAR 2.0 Revision Released
On May 22, 2025, the Trump Administration unveiled the next installment of the revised Federal Acquisition Regulation (FAR) as part of the “Revolutionary FAR Overhaul” (RFO). The latest release set
Continue Reading Update: Latest FAR 2.0 Revision ReleasedBeyond Dollars: COFC View on Declaratory Relief Makes Room for CPARS Litigation
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 LitigationSupreme Court Broadly Interprets Wire Fraud Liability
On May 22, 2025, the Supreme Court held that a defendant could be convicted of federal wire fraud pursuant to 18 USC § 1343 even when the fraud did not
Continue Reading Supreme Court Broadly Interprets Wire Fraud LiabilityBid Protest Insights – Understanding Price Realism in Compensation Plans
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
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 Practices
DOJ Announces New Civil Rights Fraud Initiative Targeting DEI
Deputy Attorney General Todd Blanche issued a memo on May 19, 2025, announcing the DOJ’s establishment of the Civil Rights Fraud Initiative. The initiative will “utilize the False Claims Act
Continue Reading DOJ Announces New Civil Rights Fraud Initiative Targeting DEIUpdate: FAR 2.0 Rollout Underway
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
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