Government Contracts

Shopping Subcontractors After Using Bid That Resulted In Contract Award

10/28/2019Salmon, Daniel

Can contractors “shop” bids after obtaining and using them to obtain contract awards?  Generally speaking, the answer is yes under Virginia law.  However, the law varies in other jurisdictions.  While this may not seem necessarily fair, jurisdictional views vary. For example, Virginia holds that bids are a means by which the prospective subcontractor (SC) and… Read more »

DoD publishes final rule limiting the use of LPTA procurements effective October 1, 2019

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09/27/2019Vandeventer Black

Contractors have frequently been heard to complain about the government’s persistent use of “Lowest Price Technically Acceptable Procurements,” or “LPTA” as a race to the bottom in both price and quality.  While the Federal Acquisition Regulation (FAR) has provided that price may play a dominant role in source selection where “the requirement is clearly definable… Read more »

Government Adds Australia as a World Trade Organization Country

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09/27/2019Sterling, Michael L.

If your contract includes Buy American Act (BAA) or Trade Agreement Act (TAA) requirements you need to know the approved list of source countries. On September 10, 2019, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published in the Federal Register a final rule, FAC 2019-06; FAR… Read more »

Counting Down to Deadline for DoD Requirements for Safeguarding Covered Deference Information and Cybersecurity Incident Reporting

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10/11/2017Sterling, Michael L.

Defense Federal Acquisition Regulation Supplement (DFARS) 252.204-7012 goes into effect on December 31, 2017. This “Cyber Clause” applies to most companies that do business directly with the Department of Defense as well as subcontractors and vendors. The Cyber Clause applies to Covered Defense Information (CDI), which is broadly defined to include almost all nonpublic information…. Read more »

NEW FAR CLAUSE HEIGHTENS CYBERSECURITY STANDARDS FOR CONTRACTORS’ INFORMATION SYSTEMS

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01/08/2017Vandeventer Black

Overview Earlier this year, the Department of Defense (DOD) issued a Final Rule adding a new clause to the Federal Acquisition Regulations (FAR) — FAR 52.204-21, which, in short, imposes fifteen specific requirements for contractor information systems possessing or transmitting “Federal contract information.” FAR 52.204-21 defines “Federal contract information” as any acquisition-related information not public… Read more »

THE FALSE CLAIM ACT: THE GOVERNMENT’S SLEDGEHAMMER JUST GOT BIGGER

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12/02/2016Harvey, James R.

The False Claims Act (FCA) has long been the United States Government most effective tool for dealing with fraud in government contracting, and that tool is now more powerful than ever.  Originally enacted during the Civil War to combat war profiteers, it allows the government to seek criminal and civil penalties. As a reward to… Read more »

GETTING PAID: Government Contracts

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11/29/2016Lowenstein, Neil S.

Authored by Attorney Neil Lowenstein, nlowenstein@vanblacklaw.com While we have discussed payment mechanisms for government projects previously, we thought a short refresher might be of interest. Typically, government construction projects, whether federal, state or local, have payment bonds to protect contractors who provide labor or materials for the project. But, Refresher Point #1 is that is… Read more »

General Accountability Office Proposing Fee for E-Filing Protests

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06/14/2016Vandeventer Black

LAW TIPS Dissatisfied bidders and offerors can currently file protests for free electronically, but the General Accountability Office (GAO) is now proposing a $350 fee. The reasons given for the change are to finance the program, including a new system, and seemingly to discourage what the GAO’s considers unnecessary filings that result from the current… Read more »

Highway Projects Affected by Cargo Preference Act Changes

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04/11/2016Vandeventer Black

By Memorandum dated December 11, 2015, the Federal Highway Administration (FHWA) changed the FHWA’s legal position regarding applicability of the Cargo Preference Act (CPA) to federally-funded highway projects. That Memorandum reversed and superseded contrary position in place since 1988. The Law. Congress passed the CPA in 1954 to promote a U.S. maritime transportation system. The… Read more »