In a recent decision, the Court of Federal Claims (COFC) ruled on bid protests filed by 12 construction companies challenging the implementation of a February 4, 2022, Executive Order 14063 that mandated the use of project...more
1/30/2025
/ Arbitrary and Capricious ,
Bid Protests ,
Biden Administration ,
CICA ,
Competition ,
Construction Industry ,
Court of Federal Claims ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Project Labor Agreements ,
Regulatory Requirements
The Armed Services Board of Contract Appeals (the “Board”) recently held the government liable for design delays where the government prematurely required details in design submissions and failed to provide comments on design...more
The Government Accountability Office (GAO) recently sustained a protest that challenged the Department of Veterans Affairs’ (VA) failure to set aside an acquisition for Service-Disabled Veteran-Owned Small Businesses (SDVOSB)...more
Technically, no. However, when the contractor is protesting the award of a contract for the same agency that issued the unfavorable Contractor Performance Evaluation Report (CPAR), the contractor may have some success arguing...more
2/5/2020
/ Bad Faith ,
Bid Protests ,
Court of Federal Claims ,
CPARS ,
De Facto Injury ,
Federal Contractors ,
Jurisdiction ,
Motion to Dismiss ,
Past Performance ,
Suspensions & Debarments ,
U.S. Navy
Part 42.15 of the FAR entitles federal contractors to submit comments and receive agency review of an unfavorable performance evaluation in the Contractor Performance Assessment Reporting System (CPARS). If the contractor’s...more
Federal acquisition officials recently finalized an interim rule intended to remove contractors with federal tax liabilities and felony convictions from the federal contracting arena. The interim rule, which took effect...more
10/7/2016
/ C-Corporation ,
Construction Industry ,
Disclosure Requirements ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Felonies ,
Interim Rule ,
Joint Venture ,
Limited Liability Company (LLC) ,
Partnerships ,
Professional Corporation ,
Reporting Requirements ,
S-Corporation ,
Tax Liability
The constitutionality of small business programs has been a significant topic of debate over the past few years. The U. S. Court of Appeals for the D.C. Circuit recently upheld the constitutionality of the Small Business...more