Don’t be a victim of an ADA drive-by!

This past year marked the 30th Anniversary of the Americans with Disabilities Act (ADA). The Act was signed into law on July 26, 1990. The Act is a civil rights law that promotes the inclusion of people with disabilities in… Read more

February 2, 2021 | Construction | Government Contracts

Federal Circuit Adopts Narrow Definition of “Printing” to Avoid Constitutional Separation of Powers Question

The U.S. Court of Appeals for the Federal Circuit recently reversed a bid protest decision appealed from the Court of Federal Claims after the protester raised a constitutional question. In Veterans4You LLC v. United States, the Department of Veterans Affairs… Read more

January 20, 2021 | Appellate Law | Government Contracts | Litigation

Agency Requirement that Past Performance Occur at Specific Contracting Tier Found Unduly Restrictive

Procuring agencies have wide latitude in developing requirements for their solicitations. When provisions are challenged, the U.S. Government Accountability Office (“GAO”) merely evaluates whether the agency’s justification for the requirement at issue is rational and can withstand logical scrutiny. However,… Read more

January 4, 2021 | Government Contracts

GAO Finds SAM Registration Requirement to be Minor Informality

FAR 4.1102 requires offerors to register in the System for Award Management (“SAM”) at the time an offer is submitted to the government, with limited exceptions such as micro-purchases, classified contracts, emergency contacts, and some others. However, the Government Accountability… Read more

January 4, 2021 | Government Contracts

Timely Protest Following Required Debrief or Explanation Letter

Under 4 CFR § 21.2, disappointed offerors protesting the award of a contract must file their protest within “10 days after the basis of the protest is known or should have been known.” Notwithstanding the seemingly clear language, this is… Read more

December 9, 2020 | Construction | Government Contracts

Bid Protests On The Basis Of Cardinal Change: The Fine Line Between Solicitations And Contract Administration

The Government Accountability Office’s (“GAO”) Comptroller General and the U.S. Court of Federal Claims (“COFC”) regularly consider bid protests. Bid protests are challenges to the terms of a solicitation or to the award of a federal contract. Post-award protests are… Read more

November 16, 2020 | Construction | Government Contracts

GAO Rejects Contractor’s Use of AIA Bid Bond for Federal Project

By Anthony J. Mazzeo

As all construction contractors know, the American Institute of Architects (AIA) provides a series of nearly 200 industry-standard consensus forms that define the relationships and terms involved in design and construction projects. While these forms are appropriate for commercial projects,… Read more

September 25, 2020 | Government Contracts

Virginia’s Proposed Permanent Standard for Infectious Disease Prevention Regulations: A reminder that the opportunity for public comment closes September 25, 2020

By Neil S. Lowenstein

As previously publicized, the Virginia Department of Labor’s (DOL) Safety and Health Codes Board (Board) Emergency Temporary Standard (ETS) for Infectious Disease Prevention became effective on July 27, 2020, but because of their nature would expire unless they or alternatively… Read more

September 24, 2020 | Construction | Government Contracts

Update on Section 889 restriction on government contractors use of Chinese-made telecommunications equipment and services

By Anthony J. Mazzeo

Last week, we advised government contractors in this article about the new restrictions imposed by an interim rule and revised Federal Acquisition Regulation clauses that require contractors doing business with DoD, GSA, and NASA to certify they do not use… Read more

August 19, 2020 | COVID-19 Task Force | Government Contracts

New FAR provisions will have far reaching impact for government contractors: Government imposes restrictions on contractors’ telecommunication equipment

By Anthony J. Mazzeo

Prime contractors can expect to be asked for a new round of certifications as the result of a FAR provision that takes effect on August 13, 2020. The provision was announced by an Interim Rule published in the Federal Register… Read more

August 13, 2020 | Government Contracts

Government Contracts