Category: Government Contracts

Size Standard At Protest Filing Governs Attorneys’ Fees Cap

In a recent notable decision, GAO held that it is the size standard at the time of filing the protest that determines the cap on calculating attorneys’ fees. When an agency and a protestor cannot agree on the reimbursement amount for attorneys’ fees, the protestor may request a recommendation from GAO. The governing statute caps [..]

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Flow-Down Considerations: Termination For Convenience

A hallmark of subcontracting in government contracts is the requirement to flow-down certain provisions of the prime contract to subcontractors. The FAR outlines mandatory and suggested flow-downs, but the prime will also want to evaluate with counsel whether to include additional requirements in subcontracts.  One example is termination for convenience, a key aspect of procurement [..]

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Prime Contractors Are Responsible For Conduct Of Subs

Subcontracting in the federal marketplace has many considerations for both primes and subs, one of which is prime contractor responsibility for the conduct of subcontractors. This obligation appears in many aspects of the prime/sub relationship, including liability for passing false claims from the subcontractor through to the government. One way to mitigate or avoid the [..]

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FAR Clauses Not Included In Subcontracts Are Not Enforceable

A recent decision out of the U.S. District Court for the District of Maryland is a good reminder for prime contractors and subcontractors to carefully consider the disputes clause of their subcontracts. The decision is also an example of the importance of taking care when incorporating FAR clauses into subcontracts. As part of a motion [..]

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Investing in Innovation: The SBIR Program

The SBIR Program The Small Business Innovation Research (SBIR) program, under coordination by the U.S. Small Business Administration, provides a set of federal funds specifically earmarked for investing in the research and development of innovative technology. With significant benefits to both business and government, SBIR contracts offer opportunity for all involved. This article will outline [..]

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DoD’s Enhanced Post-Award Debriefings

DoD’s enhanced post-award debriefings allow offerors – within two days of a debriefing – to submit questions related to the debriefing. The agency must respond to the questions within 5 business days after receipt of the questions. The rule will extend the time for filing a protest, provided it is filed not later than five [..]

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Remove A Protest to COFC?

You may remove protest litigation to the COFC after GAO issues a decision. However, because GAO decisions are not binding on the parties, the Court will not review the decision for error but may consider it part of the record.   Our government contracts posts are published by Attorney Kristi Morgan Aronica. She serves as [..]

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Subcontractors & Payment From The Government

Subcontractors who have not been paid for their goods or services as a general rule do not have the ability to seek redress from the government. Because subcontractors lack privity, their recourse lies in an action against the prime for breach of contract or some other commercial law claim. The federal government, however, expects primes [..]

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Delivered and Readable

When a filing protest at GAO, protestors should take care to ensure that the submission is successfully delivered and readable in order to meet timeliness requirements. GAO does not consider technical difficulties to be a waiver of the requirement to file a post-award protest within the prescribed 10-day period.   Our government contracts posts are [..]

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The Anti-Assignment Act

The Anti-Assignment Act bars a private party to a government procurement contract from unilaterally assigning it to another concern. The government may waive the prohibition and require the contractor and the assignee to execute a novation agreement thereby recognizing the assignee as a successor in interest. While the government may allow the assignee to assume [..]

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