Compliance With Overlapping Solicitation Requirements

The Berry Amendment Example Hopeful government contractors must be aware of all the requirements of a solicitation to avoid being deemed non-responsive. This is rarely a simple task; however, when multiple clauses govern the same subject, the risk of error… Read more

December 12, 2019 | Government Contracts

Shopping Subcontractors After Using Bid That Resulted In Contract Award

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… Read more

October 28, 2019 | Government Contracts

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

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… Read more

September 27, 2019 | Government Contracts

Government Adds Australia as a World Trade Organization Country

By Michael L. Sterling

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… Read more

September 27, 2019 | Government Contracts

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

By Michael L. Sterling

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… Read more

October 11, 2017 | Cybersecurity & Data Privacy | Government Contracts

Contractor Denied Payment For Work Performed Because Contract Violated Virginia Public Procurement Act

Imagine doing emergency repair work worth over $500,000 for a school board, only to have the school board later take the position that it had illegally contracted with you, and so was not going to pay you for your work.… Read more

January 31, 2017 | Government Contracts

NEW FAR CLAUSE HEIGHTENS CYBERSECURITY STANDARDS FOR CONTRACTORS’ INFORMATION SYSTEMS

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… Read more

January 8, 2017 | Government Contracts

Government Contracts