Sunday, September 27, 2020

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KBR Subcontractor’s “Delay” Costs Rejected as Unreasonable by Federal Circuit, No Remand to Cure...

Blank Rome – In a September 1, 2020, ruling, the Federal Circuit addressed the reasonableness of subcontractor costs stemming from a government-caused delay under KBR’s LOGCAP contract in Iraq. This decision is important for contractors across all industries given the expected flood of COVID-19-related claims involving government-caused delays and/or idle time. The decision provides new guidance […]
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50-State Guide to Contract Reformation

Dentons – As the nation has responded to COVID-19, many contracts became difficult, if not impossible, to perform. In many of these instances, contracting parties did not negotiate a force majeure clause, or such provisions may prove ineffective. What can contracting parties do in these situations? The applicable laws and judicial interpretations vary throughout the nation. […]
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Congressional, Executive, and Legal Developments for Government Contractors to Consider – August 2020

Venable – On August 10, 2020, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) issued an opinion providing additional guidance on the application of the Blue & Gold contract waiver doctrine. Boeing Co. v. United States, No. 19-2148 (Aug. 10, 2020). The Blue & Gold rule requires contractors that had an opportunity […]
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A Reminder From the GAO That Corrective Action Is Not The End Of The...

Centre Law & Consulting – A recent decision from the GAO serves as an important reminder to contractors that, while agencies typically have broad discretion in determining the scope of any corrective actions they take, contractors may nonetheless challenge an agency’s corrective action if its scope is unreasonably narrow. Read the full post at Centre […]
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“Show Us the Money (Trail)”: Estimated Subcontract Costs Disallowed for Lack of Proof

Crowell & Moring – In Kellogg Brown & Root Services v. Army, the Federal Circuit denied KBR’s reimbursement request for payments made to a subcontractor due to a lack of proof that the costs were reasonable.  KBR had argued at the Armed Services Board of Contract Appeals (“ASBCA”) that the government’s failure to provide force […]
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Ring Ring! GAO Sustains Protest of Awardee’s Conflict of Interest

Koprince Law – Agencies have broad discretion when it comes to evaluating potential organizational conflicts of interest–but that discretion isn’t unlimited. In a recent decision involving a fight between two telecommunications giants, the GAO sustained the protest, holding that the the agency unreasonably concluded that there was no possibility of an “impaired objectivity” OCI arising […]
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DOD Deviation Provides Updated Guidance on CARES Act REAs for COVID-Related Paid Leave

Obermayer – Back in April, we blogged about the Department of Defense’s (DOD) initial guidance on the implementation of Section 3610 of the CARES Act.  You may remember that Section 3610 allows government contractors to obtain reimbursement for paid leave intended to maintain its workforce during the COVID-19 pandemic.  Since that time, DOD has issued […]
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Recent GAO Decision Provides Roadmap for Protesting Scope of Corrective Action

Venable – On August 3, 2020, GAO handed down a remarkably rare sustain on a protester’s challenge to the scope of corrective action. In that decision, Peraton Inc., B-416916.8, et al., Aug. 3, 2020, 2020 CPD ¶ __, GAO sustained a protest because the agency’s scope of corrective action was unreasonably narrow. This decision is […]
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Revisiting Private Equity Investment in Federal IT Contractors

IT and consulting businesses are attractive to private equity attention and dollars, and there are additional attractions to those contracting with the federal government. Businesses in the federal sector are not as exposed to economic vagaries as pure B2B or B2C businesses, with stability from the longer federal sales cycles and regulations discouraging early contract […]
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Don’t Forget the Attachments: A Quick Reminder from SBA’s OHA

Koprince Law – Did you remember to staple the cover sheet to your TPS report? And, more importantly, if you recently filed a CVE Appeal with the Small Business Administration’s Office of Hearings and Appeals, did you remember to attach a copy of your CVE denial or cancellation? In OHA’s recent, and very short, decision, […]
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