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?FAR 2.0 Update: Parts 6, 29, and 31 Released
By Keeley McCarty & Jaeho Lee on
The Trump Administration, in collaboration with the Federal Acquisition Regulation (FAR) Council, has released further FAR sections as part of the Revolutionary FAR Overhaul (RFO): FAR Parts 6, 29, and…
Continue Reading FAR 2.0 Update: Parts 6, 29, and 31 ReleasedCICA 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 TollingOCIs: Recent GAO Decision Provides Insight on How to Successfully Challenge an Agency’s Investigation of Organizational Conflicts of Interest
By Evan Williams & Luke Levasseur on
The Federal Acquisition Regulation (FAR) generally requires contracting officials to identify and evaluate organizational conflicts of Interest (OCIs) as early as possible in a procurement. The FAR also requires the…
Continue Reading OCIs: Recent GAO Decision Provides Insight on How to Successfully Challenge an Agency’s Investigation of Organizational Conflicts of InterestUpdate: FAR 2.0 Parts 18, 39, and 43 Released
By Keeley McCarty, Jaeho Lee & Jacob Green on
The Trump Administration, through the Office of Federal Procurement Policy, has revealed the next set of revised Federal Acquisition Regulation (FAR) sections as part of the Revolutionary FAR Overhaul (RFO):…
Continue Reading Update: FAR 2.0 Parts 18, 39, and 43 ReleasedGAO 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 InstructionsOther Transaction Authority: COFC Employs a “Principal Purpose” Test to Determine Whether Bid Protest Jurisdiction Exists
By Evan Williams & Luke Levasseur on
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)
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)Update: Latest FAR 2.0 Revision Released
By Keeley McCarty, Jaeho Lee & Jacob Green on
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
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 Litigation