Thanks to a recent decision by the Court of Appeals for the Federal Circuit, in Metcalf vs. U.S., the protection afforded by the Differing Site Conditions clause has been reaffirmed. Although the Court primarily addressed the requirement that federal agencies must demonstrate good faith and fair dealing in the administration of federal contracts, the
Procurement Information
Fourth Circuit Drastically Extends Statute of Limitations for False Claims Act Actions – Contractors Appeal to Supreme Court
By Michael H. Payne & Maria Panichelli on
Posted in Procurement Information
The False Claims Act (“FCA”) is a law that contractors must take very seriously. What many contractors fail to realize is that the reach of the FCA goes beyond the filing of fraudulent contract claims. In fact, it seems as though the government is actually searching to find new and interesting theories of application. This…
Should a Contractor Submit an REA or a Claim?
By Michael H. Payne on
Posted in Procurement Information
By: Michael H. Payne
The question of whether to submit a Request for an Equitable Adjustment, commonly referred to as an “REA,” or a claim, is one that clients ask on a frequent basis. It is not always an easy question to answer and our advice depends upon the history of the dispute, and the…
National 8(a) Association 2013 Winter Conference
By Michael H. Payne on
Posted in Procurement Information
Michael Payne & Ed DeLisle will be presenting at the National 8(a) Association 2013 Winter Conference in Orlando, FL on February 5th. They will be speaking on the topic How to Win Federal Contracts and Make a Profit. The conference is being held at the Disney World Yacht Club Resort and tickets are still available.
For more…
Presentation & Networking Cocktail Reception – Avoiding the Pitfalls in Federal Construction Contracting
By Michael H. Payne on
Posted in Procurement Information
Please join our Federal Contracting Practice Group for a Networking Cocktail Reception preceded by a precise presentation on Avoiding the Pitfalls in Federal Construction Contracting.
This networking event will facilitate interaction between large and small businesses that are looking to understand how to win federal construction contracts. The presentation, led by Federal Contracting Chair, Michael …
FAR Council Implements Final Rule; Contractors Now Required to Report Subcontractor Awards and Executive Compensation
By Edward T. DeLisle on
By: Edward T. DeLisle & Maria L. Panichelli
On August 27, 2012, FAR council issued a final rule entitled Reporting Executive Compensation and First-Tier Subcontract Awards (“the Rule”). Although this Final Rule was implemented just last month, it has been a topic of discussion on Capitol Hill for over six years.
In 2006, the Federal …
Individual Sureties and the Hazards of the Irrevocable Letter of Credit
By Michael H. Payne on
Posted in Procurement Information
By: Robert E. Little, Jr.
Several months ago, I was asked to present testimony before House Subcommittee on Courts, Commercial and Administrative Law on the subject of individual sureties. In that testimony, I warned that legal precedent had had little effect on policing individual sureties. Using the example in the Tip Top Construction case, I…
BEWARE OF UNDERBIDDING – FALSE CLAIMS ACT APPLIES TO ‘BUYING IN’
By Edward T. DeLisle on
By: Edward T. DeLisle & Maria L. Panichelli
We’ve warned you before: the False Claims Act should be taken seriously. In recent years, the government has been increasingly willing to wield the provisions of the FCA as weapons, zealously punishing offending federal contractors.
A recent opinion United States ex rel. Hooper v. Lockheed Martin …
SAM – A One-Stop-Shop for Federal Contractors
By Edward T. DeLisle on
Posted in Procurement Information
By: Edward T. DeLisle & Maria L. Panichelli
The federal government’s much-anticipated new contractor registration system, “SAM” was launched on July 30, 2012. SAM (short for System for Award Management) replaces the former Central Contractor Registration (CCR) system, and will ultimately integrate eight federal procurement systems (CCR, FedReg, ORCA, EPLS, CFDA, eSRS, FBO, FPDS-NG, FSRS,…
Relying on a Contracting Officer’s Advice Could Cost You Your Contract
By Edward T. DeLisle on
Posted in Procurement Information
By: Edward T. DeLisle & Maria L. Panichelli
Be careful what you ask for, or, in the context of federal government contracting, be careful how you ask and how the government responds. If you’re not careful, you may get what you ask for, but lose a contract. That’s the lesson learned in NCI Information Systems, …