April 20, 2016
Drafting Construction Contracts: Ensuring the Right to Stay Miller Act Claims Pending Arbitration and/or Resolution by the Government.
Disputes between the prime contractor and subcontractors are a common occurrence that a prime contractor should foresee—and adequately protect against—during the drafting of the applicable subcontract.


2130813_sFebruary 13, 2015
Attorneys’ Fee Clauses: Who is the Prevailing Party?
Small government contractors or 8(a) concerns that rely too heavily on another business for subcontracting may trigger affiliation under the Ostensible Subcontractor Rule. Learn more about what means for  small businesses.


November 21, 2014
Understanding the Ostensible Subcontractor Rule 
Small government contractors or 8(a) concerns that rely too heavily on another business for subcontracting may trigger affiliation under the Ostensible Subcontractor Rule. Learn more about what means for  small businesses.


July 31, 2014
Dealing with Touhy: Compelling Non-Party Deposition Testimony from a Government Agent
Litigation arising out of government construction projects often hinges upon valuable testimony from the nonparty government employees who coordinated, supervised, or determined key aspects of the matters in dispute. Litigants can obtain testimony from a government agent or the agency itself, however, they must first navigate the minefield known as “Touhy regulations.”


7515669_sJune 24, 2014
Increasing Your Competitive Edge: Protecting and Managing Your Past Performance Information
A contractor’s past performance has always been a part of the federal procurement system. In addition to being an informal consideration, they can to select contractors that perform well), past performance has long been an express evaluation factor in procurements.


columnsMay 15, 2014
Unassuming Yet Dangerous: Taking Advantage of Forum-Selection Clauses
Subcontracts commonly include forum-selection clauses whereby the subcontractor can bring suit only in the venue of the prime contractor’s choosing, regardless of where the project actually took place. In light of a recent decision by the U.S. Supreme Court, this may now be enforceable, putting contractors at risk.


Cost AccountingApril 10, 2014
Federal Circuit Explains the Difference Between CAS and Cost Principles.
The Federal Circuit’s decision in Raytheon Co. v. United States, No. 2013-5004 & 2013-5006 (Fed. Cir. April 4, 2014) affirms a $59-million judgment arising from a government challenge to Raytheon’s calculation and payment of pension fund adjustments.


March 13, 2014
Suspension and Debarments on the Rise
On March 5, the Interagency Suspension and Debarment Committee (“ISDC”) released a consolidated report to Congress on suspension and debarment developments for government fiscal years 2012 and 2013.


MetcalfFebruary 28, 2014
Metcalf and the Differing Site Conditions Clause:  A Win for Government Contractors
In a significant victory for contractors, the Federal Circuit recently reaffirmed the meaning and purpose of FAR 52.252-3, Differing Site Conditions (APR 1984) — and rejected contractual language interpreted by the Government as limiting the clause.


MoneyFebruary 14, 2014
President Obama Signs Executive Order Raising Contractor Minimum Wage
On February 12, 2014, President Obama signed an Executive Order that will require many federal contractors to pay wages of at least $10.10 per hour to employees working on federal contracts. The EO provides many details about its implementation but also defers some details to rulemaking by the Department of Labor (DOL) and Federal Acquisition Regulation (FAR) Council.


DLAlogoJanuary 15, 2014
Eleventh Circuit Allows Suspension of Affiliates To Exceed 18 Months
In November 2009, the Defense Logistics Agency (“DLA”) suspended Public Warehousing Company, K.S.C. (“Public Warehousing”) after it was indicted for allegedly defrauding the government on a food supply contract.

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