Govconlaw Blog
Federal Circuit Affirms That BPAs May Not Be Binding Contracts
By: Lori Lange
Published Date: January 6, 2021
In a previous blog, we discussed a decision by the Court of Federal Claims (COFC) in McLeod Group, LLC v. United States, 142 Fed. Cl. 558 (2019), that blanket purchase agreements (BPAs) are not contracts for purposes of the Contract Disputes Act (CDA). In that case, the contractor argued that the Department of Homeland Security (DHS) acted in bad faith [...] Read More
District Court Partially Enjoins Combating Race and Sex Stereotyping Executive Order
By: Lori Lange
Published Date: December 30, 2020
In previous blogs, we wrote about Executive Order 13950, Combating Race and Sex Stereotyping, and the NAACP’s lawsuit to enjoin implementation of Executive Order 13950. Since then, other groups have filed suit also seeking to enjoin implementation and enforcement of the Executive Order. On December 22, 2020, the U.S. District Court for the Northern District of California issued an Order [...] Read More
Failure to Have Active SAM Registration at Time of Bid Was Not Fatal
By: Lori Lange
Published Date: December 29, 2020
Government contractors must be registered in the System for Award Management (SAM) and complete required representations and certifications annually. FAR 52.204-7 requires bidders, with some limited exceptions, to be registered in SAM at the time of bid and to continue to be registered until time of award, during performance, and through final payment. Recently, the Government Accountability Office (GAO) addressed [...] Read More
ASBCA Holds That Claim for Payment Accrues When Work Is Completed
By: Lori Lange
Published Date: December 18, 2020
Under the Contract Disputes Act (CDA), contractors have to submit claims against the Government relating to a contract within six years after the accrual of the claim. Under FAR 33.201, a claim accrues when all events that fix the alleged liability and permit assertion of the claim were known or should have been known. Case law generally holds that the [...] Read More
OFCCP Issues New Technical Assistance Guide for Small Federal Contractors
By: Lori Lange
Published Date: December 15, 2020
Generally speaking, government contractors are subject to various equal employment opportunity (EEO) and affirmative action requirements. Complying with these requirements can be difficult. To assist government contractors with understanding their obligations, the Office of Federal Contract Compliance Program (OFCCP) issues Technical Assistance Guides (TAGs). Recently, OFCCP released a new TAG for small federal contractors. The new guide is available here. [...] Read More
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