Govconlaw Blog
COFC Declines to Override CICA Stay of COVID Testing Contract
By: Lori Lange
Published Date: December 10, 2020
When a contractor files a bid protest with the Government Accountability Office (GAO), that protest triggers an automatic stay of the procurement as long as the protest is timely filed in accordance with the Competition in Contracting Act’s (CICA) automatic stay provisions. The automatic stay requires the procuring agency to stop the contract award or, if the contract has already [...] Read More
CBCA Lacks Jurisdiction Over Untimely Appeal
By: Lori Lange
Published Date: December 7, 2020
Disputes under government contracts are governed by the Contract Disputes Act (CDA). Generally speaking, under the CDA’s disputes process, the contractor files its claim with the Contracting Officer. The Contracting Officer issues a final decision on the claim, and the contractor can appeal that final decision to either the appropriate board of contract appeals or the Court of Federal Claims. [...] Read More
Even in Best Value Procurements, Price Matters
By: Lori Lange
Published Date: November 30, 2020
The Federal Government awards many of its contracts on the basis of best value (i.e., the contracting agency awards the contract to the offeror whose proposal has the best combination of technical evaluation factor scores and price). A solicitation is supposed to indicate whether the technical evaluation factors, when combined, are more important, less important, or approximately equal to price. [...] Read More
SBA Declines to Hear Appeal That 8(a) Applicant Lacks Good Character
By: Lori Lange
Published Date: November 23, 2020
Companies that want to apply to the Small Business Administration’s (SBA) 8(a) Business Development Program must meet a number of eligibility criteria. Specifically, the SBA regulations require that the company be a small business that demonstrates potential for success and is unconditionally owned and controlled by one or more socially and economically disadvantaged individuals. These individuals must be of good [...] Read More
DOL Issues Guidance on Entitlement to Travel-Time Pay for Construction Employees
By: Lori Lange
Published Date: November 19, 2020
The Fair Labor Standards Act (FLSA), the Portal-to-Portal Act, and their implementing regulations generally require employers to pay an employee when the employee is working. However, the regulations do not always address every situation and questions can arise regarding whether or not employees should be paid in certain situations. For example, should a construction employee be paid when traveling to [...] Read More
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