Category: Government Contracts

Defense To Suit For Government Contractors

Government contractors can face lawsuits based in tort when the products they provide to the government cause injury or death. For instance, when a military plane crashes and results in the death of its operator, the estate of the decedent will likely sue the contractor that manufactured the plane. The plaintiff institutes legal proceedings against [..]

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Contract Ambiguity: Comparing Public Contract Law and Texas Common Law

Government contracts often include both prime and subcontractor arrangements. Public contract law governs the prime relationship between the government and the contractor. Subcontracts between the contractor and its partners, however, are commercial contracts and fall within the realm of common law. Similar issues arise in both settings and serve as good examples to demonstrate how [..]

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A Case Study on Authority to Bind the Government

The concept of who has authority to bind the government seems clear – only contracting officers. However, litigation repeatedly arises around this topic. One type of dispute that appears in contracting authority cases is whether the parties formed a contract. Outlined below is real-world example of a contractor losing an award it had begun performance [..]

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GAO Bid Protest Timeline Infographic

In our ongoing series of infographics, the firm has prepared a timeline of a post award protest at the GAO. We trust this overview of the procedure of a protest will be a helpful reminder to government contractors of the major requirements and deadlines in a GAO bid protest. Weitz Morgan represents businesses and individuals in civil litigation and government [..]

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Changes To Transparency In Public Contracting In Texas

What Happened Governor Abbott recently signed Senate Bill 943 changing the Texas Public Information Act. Importantly for contractors, the bill amended Section 552.104 of the Government Code regarding the exception to disclosure of information relating to competition. The Law Before S.B. 943 The Texas Supreme Court ruled in Boeing Co. v. Paxton, 466 S.W.3d 831 [..]

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Summary Dismissal In Bid Protest

The firm is proud to announce that it obtained a summary dismissal for one of its government contracts clients in a bid protest at the Government Accountability Office (GAO). A disappointed bidder filed a protest against a Weitz Morgan client who had been awarded the contract in a GSA Schedule delivery order purchase by the [..]

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Christian Doctrine & Bonding Requirements In Government Construction Contracts

Utilizing the Christian doctrine, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) recently held that bonding requirements were included in government contracts by operation law. K-Con, Inc. v. Sec’y of the Army, 908 F.3d 719 (Fed. Cir. 2018) The Army awarded K-Con, Inc. (“K-Con”) two contracts that did not include express requirements [..]

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OFCCP Issues Directive On Affirmative Action Program Compliance

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently issued a directive focused on ensuring covered federal contractors are complying with their obligation to develop, implement, and update written affirmative action programs (AAP). OFCCP Directive 2018-07 Entities with a qualifying federal conract must develop an AAP within 120 days of commencement [..]

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Government Contracts Updates

GSA has launched The Commercial Solutions Opening (CSO) Pilot Program to provide a streamlined approach for acquiring innovative commercial products and services using the new commercial solutions opening procedure. The OFCCP recently released a description of “What Contractors Can Expect” about the commitment contractors can expect from OFCCP when seeking compliance assistance and in compliance [..]

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