CHPS Podcast Episode 5: The Future of Federal Procurement
2024-2025 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors
SBA’s Final Rule Is Here: Key Takeaways on Updates to HUBZone Program, Other Small Business Programs, and Various Small Business Matters
Mitigating FOCI Under Section 847
Navigating Bid Protest Choices at GAO and COFC
Sustainable Procurement: A Closer Look at the New Federal Acquisition Regulation (FAR)
DE Under 3: FAR Council Seeks to Require Federal Contractors to Report First-Tier Subcontractor Information, Including Potentially Executive Compensation Data
New Wave of Pay Transparency Requirements Affects Employers and Federal Contractors
Recent Bid Protest Decisions Reshape Strategies for Future Government Contractor Success
DE Under 3: FAR Council's Latest Proposed Rule & OFCCP's 10 New FAQs on Compensation History
Excitement, Turbulence & Confusion: The Top 10 Employment Law Issues That Affected Federal Contractors in 2023
Successor Government Contractor Hiring Obligations Change: DOL’s Long Awaited Nondisplacement Rule
DE Under 3: FAR Council Submitted for OMB Approval Proposed Rule on “Pay Equity and Transparency in Federal Contracting”
DE Under 3: FAR Council Issued Final Rule Requiring Unionized Workforces on Large Federal Construction Projects
Intellectual Property In Department of Defense Contracting
Podcast - Navigating the TikTok Ban: Implications for Government Contractors
[Podcast] TikTok off the Clock: Navigating the TikTok Ban on Devices for Government Contractors
This small law firm has a BIG niche blog that brings in the clients - Legally Contented podcast
Clocking in with PilieroMazza: #LNE4GovCons: FAR Clause Bans TikTok on Federal Contractor Devices
DE Under 3: President Biden Issued "Modernizing Regulatory Review" Executive Order
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
On February 26, 2025, the Armed Services Board of Contract Appeals issued a decision allowing the government to reduce a contract by $1.1M due to a contractor’s failure to comply with the mandate to use United States-flag...more
Government contractors working for the Department of Education (DE), the United States Agency for International Development (USAID), and other agencies like the National Science Foundation (NSF) and Consumer Financial...more
Most government contracts include a Changes clause (notably, FAR 52.243-1), which grants the Government the right to order changes to the scope of the contractor’s work. That clause also entitles the contractor to an...more
On May 9, 2024, the Armed Services Board of Contract Appeals ("ASBCA" or "Board") allowed a contractor to recover for a "constructive" value engineering change proposal ("VECP"). In Appeal of Herman JCG Co. JV, ASBCA No....more
When the U.S. Government licenses commercial software, it generally does so under the same terms as any other commercial software licensee, unless the terms of that license are inconsistent with federal law or do not...more
On Monday, June 24, 2024, a federal judge for the US District Court for the Northern District of Texas (the Court) instituted a nationwide injunction on the enforcement of portions of the US Department of Labor’s (DOL) 2023...more
When is it appropriate to consider “extrinsic evidence” of the parties’ intent when interpreting a contractor’s release of claims? A new decision out of the Armed Services Board of Contract Appeals (“ASBCA”), Sonabend Company...more
On December 20, 2023, the Armed Services Board of Contract Appeals (the Board) denied the government’s motion to dismiss pandemic-related claims. In doing so, the Board rejected the government’s arguments alleging that the...more
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
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
The Armed Services Board of Contract Appeals (ASBCA or Board) issued an opinion in Appeal of StructSure Projects, Inc., granting StructSure additional COVID-19 related costs arising under a fixed-price task order. ASBCA No....more
In Innovative Technologies, Inc., ASBCA No. 6186, 62185, the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”) held that, despite the federal government’s failure to include or incorporate the McNamara-O’Hara...more
WHAT: After previewing earlier this year that it was reconsidering its existing precedent, the Federal Circuit held yesterday that the requirement that contractors state a “sum certain” in claims brought under the Contract...more
The Armed Services Board of Contract Appeals’ (“ASBCA or “Board”) decision in Fluor Intercontinental, Inc., serves as an important reminder to prime contractors to be cognizant of the clauses they include in subcontracts for...more
The Armed Services Board of Contract Appeals (ASBCA) recently issued a decision regarding a contractor’s claim for increased performance costs due to the economic impact of the COVID-19 pandemic. Notable about this case is...more
In a recent Armed Services Board of Contract Appeals (ASBCA) decision, Pave-Tech, Inc., the ASBCA found that the decisions a construction contractor makes, even from the very beginning of a project, have consequences. In...more
Welcome to our new “Lifecycle of a Claim” series. This series will explore the Contract Disputes Act claims process, with practical guidance stemming from recent case law every step of the way. ...more
The Contract Disputes Act allows contractors seeking payment of a claim arising from a contract with the federal government six years from the date it accrued to submit the claim to the contracting officer. Failure to do so...more
In Sauer, Inc. (September 29, 2021), the Armed Services Board of Contract Appeals discussed the limits of authority that a Government representative had to utilize substitute materials in lieu of materials specified in a task...more
The Davis-Bacon Act and the FAR - The Davis-Bacon Act, 40 U.S.C. §§ 3131-3148, (the Act) is a fact of life in federal government construction contracting. The Act, passed in 1931, establishes the requirement of paying the...more
The Board’s jurisdiction attaches when the contracting officer renders a final decision or a deemed denial, and a later finding by the contracting officer that fraud is suspected will not deprive the Board of jurisdiction. ...more
In Nauset Construction Corporation,1 the Armed Service Board of Contract Appeals once again addressed how Government allegations of fraud impact the Board's ability to hear a claim....more
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
Federal contractors received some good news from the Federal Circuit this holiday season. The court held, in Boeing Co. v. Secretary of Air Force, that the Department of Defense (DoD) Federal Acquisition Regulation...more