Much has been written during recent years regarding the increasing volume of government acquisitions and spending effected under Other Transaction (OT) authority. These transactions are generally exempt from the requirements of the Federal Acquisition Regulation (FAR), and the ability of
Latest from The Federal Government Contracts & Procurement Blog
CDA Claim Management Primer: Suspension of Work (FAR 52.242-14)
Federal construction contracts often involve unforeseen delays. The key question is who is responsible for the resulting costs.
A new decision from the ASBCA provides a blueprint for how contractors can maximize recovery for government-directed suspensions under the FAR 52.242-14
Update: Latest FAR 2.0 Revision Released
On May 22, 2025, the Trump Administration unveiled the next installment of the revised Federal Acquisition Regulation (FAR) as part of the “Revolutionary FAR Overhaul” (RFO). The latest release set its sights on FAR Part 10 – Market Research.
FAR
Beyond Dollars: COFC View on Declaratory Relief Makes Room for CPARS Litigation
Federal contractors understandably associate litigation at the Court of Federal Claims (COFC) with recovering monetary damages. Appealing denied claims to the COFC (along with the Boards of Contract Appeals) is the exclusive way for contractors to recover damages for changes,
Supreme Court Broadly Interprets Wire Fraud Liability
On May 22, 2025, the Supreme Court held that a defendant could be convicted of federal wire fraud pursuant to 18 USC § 1343 even when the fraud did not result in any economic loss for the victim. This holding
Bid Protest Insights – Understanding Price Realism in Compensation Plans
Price realism challenges stand out as a common basis for bid protests in federal procurements.
A competitor’s unrealistically low pricing may signal a lack of understanding or commitment to contract performance. Price realism protests often challenge an agency’s failure to
New GAO Decision Highlights Effective OCI Identification and Mitigation Practices
Federal contractors need to be proactive about detecting and neutralizing or mitigating Organizational Conflicts of Interest (OCI).
The FAR’s OCI provisions (currently found at FAR Subpart 9.5) promote the fairness and integrity of the procurement process. The provisions are
DOJ Announces New Civil Rights Fraud Initiative Targeting DEI
Update: FAR 2.0 Rollout Underway
In what is sure to be an on-going series, we have the latest update regarding the FAR 2.0 rollout.
You can see my opening thoughts on the FAR 2.0 initiative and how it will affect federal contractors here.
Releasing
Protesting Key Personnel – When to Pounce on a Bait-and-Switch
GAO just sharpened the distinction between winning and losing protest arguments related to key project personnel.
The issue turns on the question of whether the winning proposal included “material misrepresentations” – and whether the protester has the ammunition to prove