Govconlaw Blog
ASBCA Holds that Sending Final Decision to Contractor’s Former Attorney Does Not Satisfy the CDA Requirement to Provide the Contractor with the Final Decision
By: Peck Law
Published Date: June 24, 2019
Most government contractors are familiar with the disputes procedure for making claims against the Federal Government. The contractor submits a claim – certified if necessary – and the Contracting Officer issues a written final decision on the claim that is furnished to the contractor. The Contracting Officer’s final decision can be furnished to the contractor by certified mail, return receipt [...] Read More
Can a Noncompliant Cybersecurity Program be a False Claim?
By: Peck Law
Published Date: June 17, 2019
By now, government contractors generally are familiar with the Federal Government’s concerns over cybersecurity and the FAR and DFARS clauses requiring contractors to implement cybersecurity programs and otherwise safeguard information systems that process, store, or transmit federal contract information. See, FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems; DFARS 52.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting. There [...] Read More
What’s My Blanket Purchase Agreement Worth? Apparently, Not Much
By: Peck Law
Published Date: June 4, 2019
Blanket Purchase Agreements (“BPAs”) are essentially charge accounts with qualified sources of supply. See, FAR 13.303-1. They are designed to be a simplified method of filling repetitive needs for supplies and services. The Government can use a BPA when it knows it will need the same supplies or services over and over again but is unsure when and how many [...] Read More
The Scope of the Doctrine of Good Faith and Fair Dealing
By: Lori Lange
Published Date: May 20, 2019
In previous blogs, P&A has discussed the doctrine of good faith and fair dealing. The doctrine holds that every contract imposes upon each party a duty of good faith and fair dealing in its performance and enforcement. Neither party may interfere with the other party’s performance and cannot act so as to destroy the reasonable expectations of the other party [...] Read More
The Requirement to Prove Competitive Prejudice Continues to Burden Protestors
By: Peck Law
Published Date: May 6, 2019
In order to prevail on a bid protest, the protester must prove not only that the procuring agency erred but also that the protester was competitively prejudiced by that error. Sometimes that can be difficult for the protester to do. For example, in Alexandra Construction, Inc., B-417212 (Apr. 2, 2019), GAO held that, while the procuring agency failed to equally [...] Read More
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