Govconlaw Blog
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
CONTRACTORS OFTEN FEEL THAT THEY HAVE BEEN TREATED UNFAIRLY BY THE GOVERNMENT: SOMETIMES THEY’RE RIGHT
By: Samarth Barot
Published Date: December 10, 2018
Every contract imposes upon each party a duty of good faith and fair dealing in its performance and enforcement. Failure to fulfill that duty constitutes a breach of contract, as does failure to fulfill a duty imposed by a promise stated in the contract. However, in a contract with the Federal Government, it can be difficult for a contractor to [...] Read More
GSA Proposes Guidance on Using the Construction-Manager-As-Constructor Project Delivery Method
By: Susan Elliott
Published Date: November 20, 2018
In an effort to reduce federal government construction project costs and delivery timelines, on November 8, 2018, the General Services Administration (GSA) issued a proposed rule amending the GSA Acquisition Regulation (GSAR) to formally adopt the project delivery method known in the private sector as Construction Manager as Constructor (CMc). The proposed rule adds the CMc delivery method to the [...] Read More
Contractor Required to Post Payment and Performance Bonds Despite Lack of Contract Requirement
By: Peck Law
Published Date: November 12, 2018
In a recent decision, the Court of Appeals for the Federal Circuit held that a contractor was required to furnish payment and performance bonds even though its government contracts did not include the standard FAR clause (FAR 52.228-15, Performance and Payment Bonds – Construction) that requires the furnishing of such bonds. K-Con, Inc. v. Secretary of the Army, No. 2017-2254, [...] Read More
OHA Affirms SBA Decision that Service Disabled Veteran Did Not Qualify as Socially Disadvantaged
By: Peck Law
Published Date: October 29, 2018
The Small Business Administration (“SBA”) has a business development program known as the 8(a) program under which qualifying small businesses can receive additional assistance, including set-aside contracts. To participate in the 8(a) program, a small business must meet certain eligibility requirements and be certified by SBA. One of the main eligibility requirements is that the small business be at least [...] Read More
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