Recent Articles

Department of Homeland Security Sued Over E-Verify Requirement

Elise M. Carlin
December 31, 2008 23:32

In November, 2008, the Department of Homeland Security (DHS) implemented a new rule through the Federal Acquisition Regulation (FAR) that would force companies doing business with the federal government to clear their workers through a verification database. This database is called E-Verify...

The Right of Contractors to Challenge Unfair Performance Evaluations is Further Expanded by the U.S Court of Federal Claims

Michael Payne
December 26, 2008 09:06

We recently reported (see our earlier blog article) the decision of the United States Court of Federal Claims in BLR Group of America, Inc. v. United States, issued on November 25, 2008, in which the Court opened the door to contractor challenges of unfair or incorrect performance...

GAO Rules that the VA Failed to Conduct Meaningful Discussions

Joseph Hackenbracht
December 15, 2008 21:07

A decision just published by the Government Accountability Office ("GAO"), Matter of Burchick Construction Co., mpany, involved a request for proposals issued by the Department of Veteran Affairs ("VA") for the construction of an ambulatory care center...

Court of Federal Claims Decision Paves the Way for Contractors to Challenge the Accuracy and Fairness of Performance Appraisals

Michael Payne
December 12, 2008 12:45

In an interesting decision issued by the United States Court of Federal Claims on November 25, 2008, in a case entitled BLR Group of America, Inc. vs. United States, the Court ruled that it had jurisdiction to consider a contractor’s claim that a Contractor Performance Assessment Report...

Department of Justice Adds Teeth to Current Contractor Ethics Rules

Elise M. Carlin
November 14, 2008 22:51

This has been a banner year for ethics in government contracting. This intense focus on integrity and honesty in business is evident in the evolution of the rules of the game-the Federal Acquisition Regulation. Just last December, changes to the FAR mandated contractors to “conduct...

GAO Sustains Boeing's Aerial Refueling Tanker Protest and Cites Significant Errors in the Procurement Process

Elise M. Carlin
June 19, 2008 14:25

The GAO announced yesterday that it had decided to sustain Boeing’s protest of the Air Force’s selection of Northrop Grumman (who included the European company Airbus on its team) over Boeing for the $40 billion aerial tanker contract - a contract that could ultimately be worth...

Cumulative Impact Claim Allowed by the United States Court of Federal Claims

Michael Payne
April 30, 2008 12:47

In a decision issued on April 21, 2008,  Bell BCI Company v, United States, the United States Court of Federal Claims issued a decision that can only be described as a “slam dunk” for the contractor. The case arose from the construction of a laboratory building at the National...

House Votes to Close Code of Ethics Loophole on Contracts Performed Outside the United States

Michael Payne
April 24, 2008 02:38

The requirement found at FAR 52.203-13 was implemented on December 24, 2007 and requires any contractor who is awarded a contract in excess of $5 million to have a written Code of Business Ethics and Conduct within thirty days after award.  Large business firms must also implement a training...

Court Enjoins Awards of Government-wide Task Order Contracts Because of "False Precision" in the Numerical Ratings of the Offerors

Michael Payne
March 13, 2008 16:25

An important decision, Serco, Inc. v. United States was issued by the United States Court of Claims last week in a case involving a government-wide acquisition contract (“GWAC”) awarded by the General Services Administration (GSA) to provide technology products and services to the...

Bid Protests to GAO to be Allowed on Task Orders in Excess of $10 Million

Elise M. Carlin
March 08, 2008 19:41

Effective May 23, 2008, there will be important changes that pertain to a contractor’s ability to protest task and delivery orders.  These changes are embodied in Section 843 of the 2008 Defense Authorization Act, "Enhanced Competition Requirements for Task and Delivery Order...