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Technical Excellence in Government Contracts
and Construction Matters Since 1893.
Oles Morrison

Contractors Take Note – Substantially Expanded List of Unverified Entities For Exporting Under EAR

Despite recent political shifts away from globalization, international trade – particularly U.S. exports – will remain a substantial component of the U.S. economy. Companies doing business in the U.S. and overseas must be up to date on U.S. export control regulations. An important component of these regulations are the Export […]

Termination for Convenience: Government Pays the Wrong Party, No Magic Words Needed to Trigger Surety’s Right of Equitable Subrogation

By on September 21, 2017 | Posted in Claims and Disputes

A recent case makes clear the importance of focusing on the fundamentals, such as knowing the rules on who the government is required to pay on a government contract.  In The Hanover Insurance v. United States, the U.S. Court of Federal Claims recently found that a surety’s letter to the […]

Beware: Stock Performance Based Executive Compensation is an Unallowable Cost Under the FAR

By on June 20, 2017 | Posted in Claims and Disputes

It is common for corporations to compensate executives (and other employees) based upon stock price performance.  Tax implications lend support for this practice with respect to high-paid employees, as executive compensation is only deductible up to a limit of $1 million per year, so companies are inclined to compensate executives […]

Government Auction Bidders Beware: CBCA Denies Relief to Bidder Whose Bid Price was Driven Up by an Ineligible Bidder

By on December 23, 2016 | Posted in Claims and Disputes

Sea Sheppard Conservation Society (“Sea Sheppard”) recently found itself in the unfortunate situation of being in an auction bidding war against a single ineligible bidder in a General Services Administration (“GSA”) auction, resulting in Sea Sheppard having to pay a substantially higher sum for two vessels than if only eligible buyers had been allowed […]

DoD’s Proposed Rule Change to Weighted Guidelines May Lead to Lower Fee Scores on Undefinitized Contracts

By on November 2, 2016 | Posted in Legislative and Regulatory Developments

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 […]

Government’s Duty of Good Faith and Fair Dealing Does Not Absolve Contractor of Costs of Complying with Kuwaiti Labor Laws

By on March 24, 2016 | Posted in Claims and Disputes

In the recent ASBCA case Appeal of SupplyCore, Inc., ASBCA No. 58676, the government successfully defended against a claim for post-termination labor costs, where the contractor argued that the government had violated the duty of good faith and fair dealing with regard to the timing of the Army’s decision to […]