By Howard W. Roth on March 30, 2020 | Posted in Legislative and Regulatory Developments
As this is a fast moving topic, please note that this article is current as at 03/30/20. On Friday March 27, President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The Act includes a lifeline for small businesses fighting to keep workers on the payroll during the […]
By Howard W. Roth on February 11, 2020 | Posted in Bid Protests
What do you do when the Agency has made a mistake in the solicitation for a contract requirement or not selected your company for award of the contract? Most contractors think of filing a protest to Government Accountability Office (GAO) or the Court of Federal Claims (COFC) and therefore do not avail themselves of the secret weapon in bid protests—an agency protest.
Smart contractors utilize agency protests which are, cheaper, quicker, not revealed to other offerors, and have little downside on pre-award issues. While there are risks, an agency protest provides another protest weapon to gain an edge for a contractor in the fight for contracts.
By Howard W. Roth on October 20, 2017 | Posted in Buy American Act
Howard Roth authored an article on Buy America and Buy American for the Seattle Daily Journal of Commerce. Below, learn about the differences between the two acts and why they matter to contractors. In this first year of Donald Trump’s administration, American sourcing requirements are receiving heightened focus that impacts […]
By Howard W. Roth on June 6, 2017 | Posted in Claims and Disputes
Maritime government contracting is a multi-billion dollar industry involving the Navy, Army, Coast Guard and other agencies. Most contractors are familiar with the Federal Acquisition Regulation (FAR) 33.211 provision at the end of each contracting officer’s (“CO’s”) decision on a Contract Disputes Act (“CDA”) claim stating: “Instead of appealing to the […]
By Howard W. Roth on June 1, 2017 | Posted in Claims and Disputes
A Request for Equitable Adjustment (REA) is not defined by the Federal Acquisition Regulation (FAR), but is only referenced therein. What then, is an REA? REAs are requests for additional monies or time based on contract clauses that provide for such relief, for instance the Changes clause of the contract […]
By Howard W. Roth on April 27, 2017 | Posted in Buy American Act
On April 18, 2017, President Trump signed the “Buy American Hire American” Executive Order (“EO”). The EO restates the policy of the government to buy American. Federal agencies are required to make an assessment of what the EO calls the “Buy American Laws” aimed at maximum use of United States […]
By Howard W. Roth on April 25, 2017 | Posted in Procurement Issues
President Trump has signed Executive Order 13767 that directs a wall to be built on the Mexico-United States border. The Department of Homeland Security has sought proposals to design and build a prototype of the border wall, and many contractors have submitted offers. At the same time, several state and local […]
By Howard W. Roth on March 13, 2017 | Posted in Buy American Act
In these early days of Donald Trump’s administration, domestic sourcing requirements are receiving heightened focus. President Trump’s Jan. 24, 2017, “Presidential Memorandum Regarding Construction of American Pipelines” asks the Secretary of Commerce to “develop a plan under which all new pipelines . . . inside the borders of the United […]
By Howard W. Roth on January 6, 2017 | Posted in Bid Protests
Two pieces of federal legislation that recently became law will have a major impact on government contractors seeking to protest Department of Defense (DoD) and Civilian Agencies task order awards. Some changes are for the worse, others are for the better. However, the best news for contractors is probably that […]
By Howard W. Roth on October 26, 2016 | Posted in Labor
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 […]
By Howard W. Roth on September 12, 2016 | Posted in Legislative and Regulatory Developments
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, and to preview guidance […]
By Howard W. Roth on August 22, 2016 | Posted in Claims and Disputes
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 […]
By Howard W. Roth on March 4, 2016 | Posted in Intellectual Property
From a contractor’s perspective, intellectual property (IP) is a valuable corporate asset that can be used to generate revenue, create a competitive advantage, create barriers to entry by competitors, and act as a deterrent to litigation. The Government also needs to consider IP issues during the acquisition planning process to […]
By Howard W. Roth on October 29, 2015 | Posted in Claims and Disputes
On October 20, 2015, the Armed Services Board of Contract Appeals (ASBCA) released its Annual Report of Transactions and Proceedings for the fiscal year ending 30 September 2015. The report indicates that the number of appeals pending have more than doubled since 2011, but that the increase has slowed considerably […]
By Howard W. Roth on January 13, 2015 | Posted in Bid Protests
Last month, the U.S. Court of Federal Claims denied a post-award bid protest of a contract set aside by the National Geospatial-Intelligence Agency (NGA) for AbilityOne Program contractors. The court found the government correctly considered the impact of the award on the incumbent contractor, an Alaska Native Corporation (ANC), and […]