The Contractor's Perspective

Latest from The Contractor's Perspective

July 13, 2021

Bias is a frequent bid protest argument, but it is often unsuccessful because government officials are presumed to act in good faith. To overcome that presumption, a protester must provide “convincing proof” of the alleged bias. A protester cannot rely on inference or supposition alone as evidence of a government official’s unfair or prejudicial motives.…

The Contractor's Perspective

Biden Administration Issues Additional Guidance on the Made in America Waiver Process

By Julia Banegas

July 9, 2021

In March, we wrote about how we still were awaiting guidance from the White House about how the Made in America Office’s waiver process would work under President Biden’s January 25, 2021 EO 14005, Ensuring the Future is Made in All of America by All of America’s Workers. This month, the White House released its initial guidance on the new waiver process, identifying four main areas of implementation:…

The Contractor's Perspective

Perfecting a CDA Claim: Don’t Forget to Certify

By George Stewart

July 6, 2021

In a previous post, we discussed the need to include a sum certain as part of a CDA claim. This requirement of course is but one of several needed for a CDA claim to be valid and for the Court of Federal Claims and the boards of contract appeals to take jurisdiction. Another equally important requirement is that the claim be certified. Like the sum certain requirement, failing to properly certify a claim has…

The Contractor's Perspective

Mandatory Breach Notification Requirements for Government Contractors are Almost Here

By Leah Kaiser

June 23, 2021

President Biden’s newly released Executive Order on Improving the Nation’s Cybersecurity represents a comprehensive approach to tackling cybersecurity threats in the U.S. and will likely result in new FAR and DFARS contract requirements. It represents the next step towards the inclusion of mandatory breach notifications in government contracts following widespread speculation that breach notification requirements were on the horizon.…

The Contractor's Perspective

Biden-Harris Administration Announces Increase in Federal Contracting Goals for Small Disadvantaged Businesses

By Maya Desai

June 16, 2021

On June 1, 2021, the Biden-Harris Administration announced that it intends to use the federal government’s purchasing power to grow federal contracting with small disadvantaged businesses by 50 percent, translating to an additional $100 billion over five years. This is one of many new steps intended to help narrow the racial wealth gap and reinvest in communities. In explaining this new policy goal, the Administration recognized that:…

The Contractor's Perspective

Egregious Davis Bacon Act Violations Can Lead To Criminal Convictions

By Michael Schrier

June 14, 2021

For years, I have been blogging and speaking about the very real and very serious civil and potential criminal consequences of a failure to comply with the Davis Bacon Act. Every once in a while, a case comes along that drives those points home. One such case – involving criminal convictions for wire fraud and conspiracy to commit wire fraud in connection with what appears to be a blatant failure to comply with Davis Bacon…

The Contractor's Perspective

Perfecting a CDA Claim: Sage Advice for the Sum Certain Requirement

By George Stewart

June 9, 2021

If a dispute arises on a federal contract, the Contract Disputes Act requires a contractor to submit a written demand seeking as a matter of right a “sum certain” to the contracting officer as part of the claims process. What exactly is a “sum certain”? It is what it sounds like—contractors must provide an exact dollar amount of the overall damages they are claiming in their CDA claims. In other words, whatever damages the contractor…

The Contractor's Perspective

“Vernon’s got prospects. He’s bona fide.” — Understanding the Covenant Against Contingent Fees

By Hal J. Perloff

June 7, 2021

Breaking into federal government contracting can be daunting. There are ever-changing compliance obligations to consider and complex bidding and proposal submission requirements to navigate. An entire industry of sales consultants, proposal writers, and lobbyists promising to help tap into the $600 Billion plus federal marketplace are only a Google search away. Engaging the services from one of these firms is generally allowed, but there are restrictions. This post deals with one of those restrictions—the Covenant…

The Contractor's Perspective

SBA OHA Reverses Course and Finds Company Met SDVOSB Requirements

By William Hughes

June 3, 2021

In an unusual turn of events, the SBA Office of Hearings and Appeals (OHA) recently reversed course and granted a Petition for Reconsideration in a case involving a challenge to the Service-Disabled Veteran-Owned Small Business (SDVOSB) status of a company. (CVE Protest of Blue Cord Development Group, LLC, SBA No. CVE-188-P (2021)) After initially determining that the company was not controlled by service-disabled veterans because the relevant manager lacked the necessary control and…

The Contractor's Perspective

SBA Extends the HUBZone Map Freeze to June 30, 2023

By Maya Desai

May 25, 2021

The Small Business Administration’s HUBZone program provides federal contracting assistance for qualified small business concerns located in historically underutilized business zones in an effort to increase employment opportunities, investment, and economic development in such areas. The Small Business Administration defines HUBZones and publishes a map identifying the location of all HUBZones. Certified businesses located in a HUBZone are eligible to participate in the HUBZone program goal of awarding at least three percent of federal contract…

The Contractor's Perspective

Blog Authors

Proving Bias in a Bid Protest

Biden Administration Issues Additional Guidance on the Made in America Waiver Process

Perfecting a CDA Claim: Don’t Forget to Certify

Mandatory Breach Notification Requirements for Government Contractors are Almost Here

Biden-Harris Administration Announces Increase in Federal Contracting Goals for Small Disadvantaged Businesses

Egregious Davis Bacon Act Violations Can Lead To Criminal Convictions

Perfecting a CDA Claim: Sage Advice for the Sum Certain Requirement

“Vernon’s got prospects. He’s bona fide.” — Understanding the Covenant Against Contingent Fees

SBA OHA Reverses Course and Finds Company Met SDVOSB Requirements

SBA Extends the HUBZone Map Freeze to June 30, 2023

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