News & Analysis as of

Federal Acquisition Regulations (FAR) Appeals Contractors

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

Competitive Range Determination Violated the FAR, Court Finds

The U.S. Court of Federal Claims recently issued a significant opinion in Gemini Tech Servs., LLC v. United States, holding that the Army’s failure to follow required procedures under the Federal Acquisition Regulation (FAR)...more

Bradley Arant Boult Cummings LLP

Recovering Attorneys’ Fees in Connection with Termination Settlement Proposals

When a government contract is terminated for convenience, contractors may find themselves navigating the complex process of preparing a termination settlement proposal. One critical consideration that often arises is whether...more

Davis Wright Tremaine LLP

What Constitutes a Reasonable Period of Time Under the Suspension-of-Work Clause?

In Granite Construction Company, ASBCA No. 62281 (November 1, 2023), the Armed Services Board of Contract Appeals ("Board") addressed the issue of what constitutes a reasonable period of time to suspend work under the...more

Pillsbury Winthrop Shaw Pittman LLP

One Contractor Hurdle Defeated: Federal Circuit Holds That the “Sum Certain” Requirement for CDA Claims is Not Jurisdictional

The U.S. Court of Appeals for the Federal Circuit broke with earlier precedent and held that the sum certain requirement imposed on contractors is not jurisdictional and therefore cannot be grounds for dismissal late in the...more

Pillsbury Winthrop Shaw Pittman LLP

ASBCA Confirms the “Goldilocks Principle” in Government Contract Appeals

A letter from the contracting officer unequivocally directing the contractor to exclude specific costs from its cost submissions as unallowable may not be an appealable final decision. Contractors should seek...more

Morrison & Foerster LLP - Government...

Significant Government Contract Litigation: A Year in Review

Last year provided a number of important claims and cases that further developed various aspects of litigation regarding the Contract Disputes Act (CDA). The major issues raised in some of the more notable claims include...more

Holland & Knight LLP

FAR Councils Soliciting Public Comments to Remove Contractors’ Right to Appeal Past Performance Evaluations

Holland & Knight LLP on

For federal government contractors, agencies’ past performance evaluations are important. A favorable evaluation can result in a stronger customer relationship, an enhanced reputation, and a better chance of winning future...more

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