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To assert a claim for monetary relief, the claimant must seek a "sum certain." A monetary claim that does not state a sum certain may be denied by the Contracting Officer and denied by the Board of Contract Appeals for...more
Contractor Performance Assessment Reports (CPARs) are a critical currency in the world of government contracting—shaping future awards, past‐performance evaluations, and a contractor’s reputation. Positive assessments can...more
The U.S. Armed Services Board of Contract Appeals' recent decision in HD Inc., ASBCA 63794, demonstrates the importance of following the terms of a solicitation when submitting a proposal on federal projects, particularly as...more
Every seasoned government contractor knows the weight a negative Contractor Performance Assessment Report (CPAR) can carry. A blemish in the CPAR System (CPARS) can mean the difference between winning a new contract or losing...more
In good news for government contractors, the initial redraft of Federal Acquisition Regulation (“FAR”), part 43-Contract Modifications released on June 12, 2025, did not eliminate the contract clauses that address the...more
For businesses aiming to win federal contracts, navigating the System for Award Management (SAM.gov) is a necessary — and often daunting — first step. Whether you’re a seasoned government contractor or new to federal...more
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 can maximize recovery...more
In Innovative Management & Technology Approaches, Inc., B-423190, et al., Mar. 3, 2025, IMTAS protested its exclusion from a competition run by the Federal Bureau of Investigation (FBI) after the agency rejected its proposal...more
Price realism challenges stand out as a common basis for bid protests in federal procurements. A competitor’s unrealistically low pricing may signal a lack of understanding or commitment to contract performance. Price...more
On May 22, 2025, the Supreme Court published its opinion in Kousisis v. United States, No. 23-909, 605 U.S. __ (2025), holding that one who induces a victim to enter into a transaction under materially false pretenses may be...more
On April 15, 2025, President Trump issued a sweeping executive order (EO), “Restoring Common Sense to Federal Procurement.” As reflected in its accompanying Fact Sheet, the EO promises to rewrite the Federal Acquisition...more
Federal government contractors operating in today’s volatile global trade environment are no strangers to sudden and sometimes dramatic shifts in material costs. With tariffs periodically imposed or adjusted by executive...more
A wave of executive orders from the Trump administration is rapidly reshaping the landscape for federal contractors, with sweeping changes to U.S. foreign aid, diversity initiatives, and gender policy....more
At a time when government agencies are terminating contracts for convenience at an increasingly high rate, a recent decision by the U.S. Civilian Board of Contract Appeals in Blankson v. Agency for International Development,...more
On February 26, 2025, Executive Order 14222, Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative, was released. This Executive Order (“EO 14222”) states that its purpose is to...more
Join Cohen Seglias Government Contracting attorneys Michael Payne, Casey McKinnon and Steve Tobin for an in-depth discussion on how to protect your rights on dredging projects with the U.S. Army Corps of Engineers (USACE)....more
As much we all love Rihanna, it’s a real shame how many contractors have called me in the last few days with issues that remind me of her well-known “Pay Me What You Owe Me” lyrics. They’re brought to mind because contractors...more
Winning a federal contract can be a significant opportunity, but what happens if the government doesn’t pay you on time — or at all? While the federal government is typically a reliable payer, delays or disputes can arise,...more
Government contracts often include a termination for convenience clause, generally allowing federal agencies to cancel agreements when it serves the government’s interest. While this power is fairly broad, it is not absolute...more
A recent decision by the US Court of Appeals for the Federal Circuit reinstated claims seeking indemnification under the Price-Anderson Act. In reversing a decision by the US Court of Federal Claims, the Federal Circuit...more
The Trump Administration is in the midst of reviewing prior administrations' spending priorities and federal government contracts and has begun announcing a variety of actions to suspend and/or terminate pending and awarded...more
The 2025 National Defense Authorization Act (NDAA) includes two significant changes to DoD bid protests that are generally not favorable to contractors. (Both changes appear in Section 885 of the NDAA and can be viewed at...more
Federal programs often require individuals employed by multiple corporations and by the federal government to work together. To ensure the project is successful, the prime contract and any related subcontract will often grant...more
As an initial primer: tariffs typically work as a tax, charged on goods purchased and imported to the United States from a foreign country. The tariff is charged as a percentage on the price paid for the foreign good. Tariffs...more
As the new administration embarks on its first 100 days, contractors and grant recipients face a pivotal moment. With a clear emphasis on reducing government spending and shifting resources toward energy independence and...more