On October 21st the Department of Defense (DoD) proposed an amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) intended to address “a more transparent means of documenting the impact of costs incurred during the undefinitized period of an undefinitized contract action on allowable profit.” (DFARS Case 2015–D024.) In other words, Read More…
Starting October 25th many new federal government contract solicitations were to contain the clauses required under the Fair Pay and Safe Workplaces Final Rule based on the Executive Order put in place by the Obama administration. These clauses would impose significant new compliance and reporting obligations on federal contractors (and eventually on subcontractors). Read More…
A recent Postal Service Board of Contract Appeals (PSBCA) decision provided an important reminder for everyone that even if you deliver the mail, you cannot ignore your other chores—particularly taking out the trash. In Bryant Commercial Postal, LLC v. United States Postal Service, Read More…
Last month, the U.S. Court of Appeals for the D.C. Circuit handed down an opinion in Rothe Development, Inc. v. U.S. Department of Defense affirming a lower court’s 2015 decision denying a challenge to the constitutionality of Small Business Administration’s (“SBA”) 8(a) business development program (“8(a) Program”). Read More…
While we hate to be the bearer of bad news, disappointed bidders may soon face a significant obstacle to protest an agency’s award decision of a task or delivery order. Barring prompt Congressional action (a phrase that is rarely a good thing), the Government Accountability Office’s (“GAO”) jurisdiction over most civilian agency task or deliver order protests conducted will expire on September 30, Read More…
On September 2, 2016, the Department of Defense (the “DoD”) issued a memorandum entitled “Guidance on Commercial Item Determinations and the Determination of Price Reasonableness for Commercial Items.” This new guidance effectively rescinds prior guidance issued by the DoD in February 2015 regarding commercial item determinations, Read More…
James F. Nagle will give a special presentation at The Seminar Group’s upcoming 23rd Annual Washington Construction Law conference on September 15 at the Hilton Seattle. In Jim’s federal construction law presentation, he will provide an update on the False Claims Act, new programs from the Small Business Administration and other new developments affecting construction law. Read More…
On September 15, join Adam Lasky, partner in Oles Morrison’s Government Contracts Practice Group, along with Laurie Davis, senior contracting officer of Naval Sea Systems Command, as they discuss lessons learned from bid protests concerning cost or price realism analysis. In this webinar, Read More…
The Armed Services Board of Contract Appeal’s (ASBCA) decision in BAE Systems Tactical Vehicle Systems LP, ASBCA Nos. 59491, 60433 (July 25, 2016), denying the government’s motion to stay appeals due to a parallel False Claims Act (FCA) case in federal district court is an important reminder that the agency boards of contract appeals do not have jurisdiction over fraud. Read More…
In the U.S. Small Business Administration (SBA) Office of Business Development’s most recent report to Congress, SBA’s statistics reflect that approximately 23 percent of companies that complete the 8(a) program either cease to exist, substantially curtail operations, or have no available information within three years of graduation from the program. Read More…