Govconlaw Blog
SBA Reduces Obstacles for Small Businesses Competing for Prime Federal Government Contracts
By: Jennifer L. Harris, Nick R. Hoogstraten, and Abby Salinas
Published Date: August 26, 2022
When evaluating competitive proposals for federal contracts, Contracting Officers consider price, technical evaluations, and past performance, among other factors. Up until now, many small businesses faced a significant hurdle when it came to past performance. Often small businesses could not compete with more established large businesses because they lacked the minimum relevant past performance required by the solicitation, or their [...] Read More
DoD Issues Guidance on Inflation Adjustments for Contractors
Published Date: June 16, 2022
The Department of Defense (“DoD”) recently issued a memorandum to contracting officers (“COs”) providing guidance on the use of economic price adjustment (“EPA”) clauses to address inflation-related cost increases. The memorandum, entitled Guidance on Inflation and Economic Price Adjustments, comes as the year over year inflation rate rose to 8.6% for the month of May and contractors with fixed-price contracts [...] Read More
OMB Issues Memorandum on Buy American/Buy America Waivers
By: Lori Lange
Published Date: June 23, 2021
The Office of Management and Budget (OMB) recently issued a memorandum that provides guidance to federal agencies on Buy American/Buy America waiver requests. The memorandum comes after President Biden signed Executive Order 14005 on January 25, 2021. The Executive Order, Ensuring the Future is Made in All of America by All of America’s Workers, requires, among other things, the OMB [...] Read More
Bid Protests vs. Size Protests
By: Lori Lange
Published Date: June 17, 2021
When a disappointed offeror wants to challenge the award of a contract to a small business, there are two potential types of protests that it can make depending upon the circumstances of the case: a bid protest or a size protest. The bases of protest, where the protest can be filed, and the timing for filing each protest are different. [...] Read More
Federal Circuit Affirms that the Government Not Liable for Contractor’s Costs of Dealing with Outbreak
By: Megan Seybuck
Published Date: June 14, 2021
In an earlier blog, we wrote about the Civilian Board of Contract Appeals’ (CBCA) decision denying a contractor’s claim for the costs of demobilizing from a construction site due to concerns about performing work during an Ebola virus outbreak in Appeal of Pernix Serka Joint Venture v. Department of State, CBCA No. 5683 (April 22, 2020). The Pernix case was [...] Read More
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