News & Analysis as of

Contract Disputes Contract Terms Government Agencies

Pillsbury - Bid Protest Debrief

Trap for the Unwary: GAO Clarifies That Agency’s Misleading Statements Do Not Extend Protest Deadline

In SMS Data Products Group, Inc., B-423341, et al. (May 29, 2025​), SMS Data Products Group protested a task order award to Abacus Technology Corporation for intranet control support services. While the protest raised several...more

Bradley Arant Boult Cummings LLP

Pre-Award Bid Protests: Practical Tips for Government Contractors

One of the most powerful but often misunderstood tools available to government contractors is the pre-award protest. Unlike post-award protests, which generally challenge the outcome of a procurement, pre-award protests...more

Bass, Berry & Sims PLC

Mentor Protégé Joint Venture Size Determination – A Responsible Manager Must Retain Exclusive Responsibility

Bass, Berry & Sims PLC on

The Small Business Administration’s (SBA) Mentor-Protégé Program allows a large company to joint venture with a smaller firm without the two entities being treated as one for size purposes – so long as a joint venture...more

PilieroMazza PLLC

Can Contractors Recover Damages for Arbitrary CPAR Ratings? The ASBCA Weighs In

PilieroMazza PLLC on

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

Davis Wright Tremaine LLP

Changes Clause Survives First Round of FAR Overhaul

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

Bradley Arant Boult Cummings LLP

Navigating SAM.gov: A Guide for Government Contractors

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

Fox Rothschild LLP

CDA Claim Management Primer: Suspension of Work (FAR 52.242-14)

Fox Rothschild LLP on

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

Bradley Arant Boult Cummings LLP

SBA OHA: Compliance with Limitations on Subcontracting Can Rebut Ostensible Subcontractor Affiliation

On May 2, 2025, the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) issued a significant decision in Size Appeal of Bowhead Enterprise, Science, and Technology, LLC, SBA No. SIZ-6352. The...more

Carr Maloney P.C.

Construction Bonds: What They Are and Why They Matter

Carr Maloney P.C. on

Construction bonds are vital tools in the construction industry. A construction bond is an instrument arising out of suretyship law. A project owner may require a contractor to obtain one or more types of construction bond to...more

Pillsbury - Bid Protest Debrief

GAO Finds Exclusion Over $0.01 Scrivener’s Error Unreasonable, But Denies Protest for Lack of Prejudice

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

Bradley Arant Boult Cummings LLP

Understanding the Metropolitan Washington Airports Authority Bid Protest Procedures

When participating in a government procurement process, understanding the rules governing bid protests is crucial. For contractors engaging with the Metropolitan Washington Airports Authority (MWAA), strict procedural...more

Fox Rothschild LLP

Bid Protest Insights – Understanding Price Realism in Compensation Plans

Fox Rothschild LLP on

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

McGuireWoods LLP

Supreme Court Declines to Narrow Reach of Federal Fraud Law

McGuireWoods LLP on

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

Bass, Berry & Sims PLC

Bid Protest Minute – Protest Underscores Importance of Prejudice, Past Performance Requirements, and Protest Timing

Bass, Berry & Sims PLC on

On May 7, the Government Accountability Office (GAO) dismissed a protest challenging the terms of a solicitation for being unduly restrictive. The protest highlights three important considerations that contractors should...more

Pillsbury Winthrop Shaw Pittman LLP

Navigating Tariff Developments in Government Contracting

Recent changes in U.S. trade policy necessitate a thorough understanding of FAR and DFARS clauses related to cost recovery, duties and taxes....more

Bradley Arant Boult Cummings LLP

Bad Formatting Dooms Proposal and GAO Bid Protest

In a cautionary decision that reinforces the importance of strict compliance with solicitation instructions, the Government Accountability Office (GAO) recently denied in part and dismissed in part a protest challenging a...more

Fox Rothschild LLP

Protesting Key Personnel – When to Pounce on a Bait-and-Switch

Fox Rothschild LLP on

GAO just sharpened the distinction between winning and losing protest arguments related to key project personnel. The issue turns on the question of whether the winning proposal included “material misrepresentations” – and...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Instructions, Price Evaluation, Standing

This month’s bid protest roundup highlights three protest decisions released by the Government Accountability Office (GAO) and the Court of Appeals for the Federal Circuit (Federal Circuit) in March. The first discusses an...more

Bradley Arant Boult Cummings LLP

Tariff-Driven Cost Increases: Can Federal Contractors Recover Through REAs?

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

Venable LLP

Event in Review: Trump 2.0: A Brave New World for Government Contractors

Venable LLP on

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

Davis Wright Tremaine LLP

Not To Be Heard: CBCA Dismisses a Contractor's Appeal of a Termination for Convenience for Lack of Jurisdiction

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

McCarter & English Blog: Government Contracts...

Pay Me What You Owe Me, Don’t Act Like You Forgot!

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

Bradley Arant Boult Cummings LLP

What to Do If the Government Doesn’t Pay You as a Federal Contractor

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

Morgan Lewis - Up & Atom

Federal Circuit Broadly Interprets Indemnity Provisions in the Price Anderson Act

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

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide