Category Archives: Government Contracts

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Postal Service Contractor? Would-be Contractor? A Look inside the U.S. Postal Service Bid Protest Process

Most sophisticated government contractors know that the Government Accountability Office (GAO) does not have jurisdiction over bid protests challenging procurements or proposed procurements by the U.S. Postal Service (USPS). However, few government contractors are aware that the USPS has its own bid protest (or “disagreement”) process, and even fewer government contractors know the details of … Continue Reading

Buy American and Hire American: What It Means for the Construction Industry

On April 18, 2017, President Donald Trump signed into law the “Buy American and Hire American” Executive Order (No. 13788). The Order requires agencies to do a wholesale evaluation of their compliance with “Buy American” laws and to develop additional policies and procedures to maximize the use of American materials and manufactured products.  As part … Continue Reading

New FAR Rule Requires Self-Reporting of Reduced or Untimely Payments to Subcontractors

Bradley attorneys Aron Beezley and Emily Unnasch recently published a Law360 Expert Analysis article on the new changes to the Federal Acquisition Regulation (FAR) that impose mandatory reporting requirements on federal prime contractors who fail to make full and timely payments to their small business subcontractors. Although little more than a month old, these new … Continue Reading

The Most Important Government Contract Disputes Cases of 2016: A Feature Comment Authored By Beth Ferrell and Aron Beezley

Bradley attorneys Beth Ferrell and Aron Beezley recently published in The Government Contractor a Feature Comment on the most important government contract disputes cases of 2016. The Feature Comment analyzes the U.S. Court of Appeals for the Federal Circuit’s decisions in Kellogg Brown & Root Servs., Inc. v. Murphy, 823 F.3d 622 (Fed. Cir. 2016) … Continue Reading

Obama Trumped? Top Five Trump Targets Among Obama’s Executive Orders

The election of Donald Trump will significantly affect companies that contract with the federal government. Trump’s business background and campaign promises suggest many upcoming changes in the way the federal government does business. In his 1987 bestseller, Trump: The Art of the Deal, Trump wrote: “Deals are my art form. Other people paint beautifully on … Continue Reading

D.C. Court of Appeals Decision Covers Important Contracting Principles

The D.C. Court of Appeals (the Court) recently issued a decision covering some important public construction contract principles, most notably notice, cost and pricing data requirements, and the implied duty of good faith and fair dealing. The District of Columbia hired a contractor to perform work at the Fort Totten Solid Waste Transfer Facility. The … Continue Reading

New Federal Contracting Requirements for Reporting Tax Liabilities and Felony Convictions

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 February 26, 2016, was published in December of 2015. No changes were made as a result of the comments submitted before its finalization and effective … Continue Reading

Is the SBA’s 8(a) Minority Business Development Program Constitutional?

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 Administration’s 8(a) Program finding that the challenged provisions do not, on their face, classify individuals by race. Section 8(a) … Continue Reading

GAO Sustains Bid Protest Where, Among Other Things, the Agency Improperly Considered Cost Risk under Its Technical Evaluation

Recently, the Government Accountability Office (GAO) sustained a bid protest involving the U.S. Army Corps of Engineers’ (USACE) evaluation of proposals for remedial action and surface support assistance at the Gilt Edge Mine Superfund Site near Lead, South Dakota.  See Arcadis U.S., Inc., B-412828 (2016). While the GAO sustained the protest on approximately ten different … Continue Reading

The “Rule of Two” Rules the Day in Supreme Court’s Decision Against the VA

The recently decided case of Kingdomware Technologies, Inc. v. United States marks a big win for small business-owning veterans. The Supreme Court unanimously decided that the Department of Veterans Affairs (VA) misinterpreted the language of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (codified in 38 U.S.C. § 8127) by applying it … Continue Reading

SBA Expands Mentor-Protégé Program and Eliminates Populated JVs

The U.S. Small Business Administration (SBA) recently published its much-anticipated final rule establishing a mentor-protégé program available to all small businesses, not just certain SBA-approved 8(a) contractors as is the case under the current program. The SBA’s new “universal” mentor-protégé program will be separate from, but very similar to, the SBA’s current 8(a) mentor-protégé program. … Continue Reading

Maximizing Cost Recovery in a Termination for Convenience

With constant budget pressures, federal procurement contracts are always at risk of a termination for convenience. If a termination for the government’s convenience is forecasted by the federal government, there are steps that a contractor can take before and after the termination to attempt to maximize its recovery. When there are rumors that a termination … Continue Reading

Arbitration vs. Litigation: The Great Debate

Many of the “form” commercial construction contracts (e.g., AIA forms) contain “dispute resolution” clauses proposing binding arbitration as opposed to courtroom litigation. Most U.S. courts, faced with the number of cases flooding the legal system, regularly enforce arbitration clauses. However, the decision to arbitrate should not be taken lightly. There are pros and cons, and … Continue Reading

Top Ten Reasons to Intervene in Bid Protests

A series of recent bid protest decisions from the Government Accountability Office (GAO) in which the protest was sustained—but in which an intervenor was not involved—serve as a great opportunity to remind federal government contractors of the importance of intervening in bid protests. For the (Top Ten) reasons set forth below, the decision not to … Continue Reading

Miller Time: Where to File a Miller Act Suit Arising on an Overseas Project?

Subcontractors filing Miller Act lawsuits in the U.S. must generally do so in the federal district court where the contract from which the dispute arose was “performed and executed.” 40 USC  §§ 3131-3134  However, on contracts performed outside of the U.S., the court that is the proper venue for a Miller Act lawsuit can be … Continue Reading
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