“Educating the Government Contracting Community”


City's Breaches Not Exceptions to No-Damage-For-Delay Clause in Public Construction Contract

C and H Electrical, Inc. (“C&H Electrical”), a construction contractor, wins award of a school renovation and expansion contract in Bethel, Connecticut. The town directs the C&H Electrical to commence work in February 2007. But in… Read More
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No-Damage-For-Delay Clause Too Broad To Be Enforceable Against Government Contractor

Zachary Construction Corporation (“Zachary”) won a public construction contract to build a wharf for the Port of Houston Authority of Harris County, Texas (the “Port”). The contract gave Zachary sole control of the manner in w… Read More
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Past Labor Law Violations To Haunt Government Contractors

On August 5, 2014, the Federal Register published President Obama then-recently issued Executive Order 13673, which directs agencies to ensure that before they make award of a contract for more than $500,000 that they take steps to demonstrate that t… Read More
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Do State Prevailing Wage Laws Apply to You? - Check the History

To price a proposal or bid for a publicly competed project, the bidder has to know if prevailing wage rates apply. Without that information, it is virtually impossible to prepare a responsive and competitively priced bid. Most prime contractors requi… Read More
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Another Important Lesson to Learn from a Failed Bid Protest Challenging Past Performance Evaluation: Actually Meeting Past Subcontracting Goals Matters

The Government Accountability Office (“GAO”) determined that the Department of the Army, Corps of Engineers (“Corps”) exercised proper discretion when it considered an offeror’s historical track record of not meeting its proposed small busi… Read More
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Status-Based Protests of Your Company's Contract Awards Will “Completely Lack Merit”, “Misapply the Law”, And Contain “Disingenuous” Characterizations -- Are You Ready?

It takes a substantial investment to bid on government contracts. And natural reactions to losing a government contract bid can include disappointment, confusion, frustration, and even anger. In response to the sting of that loss some unsuccessful bi… Read More
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Fixed-Price Contracts with Monthly Invoicing – What Could Be Simpler?

That is probably exactly what First Preston Management, Inc. (“First Preston”) thought when it won Department of Housing and Urban Development (“HUD”) contracts for property management services. First Preston provided on-going property manage… Read More
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Proposed Amended Rule Tightens the Noose on Pass-Through Contracts

Instead of making a contract award to a company that is planning on subcontracting out more than 70% of the work, the Government is going to require its Contracting Officers to stop and see if there’s a better way to do business. Outstanding! On Ju… Read More
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Court of Appeals Finds that “Rule of Two” Analysis Not Required for all VA Contracts

The U.S. Court of Appeals for the Federal Circuit recently issued a decision regarding the applicability of the “Rule of Two” analysis in contracts issued by the U.S. Department of Veterans Affairs (VA). The plaintiff in Kingdomware Technologies,… Read More
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Court Holds Agency Under No Obligation to Waive Defect or Allow Contractor to Correct Defect

The U.S. Court of Federal Claims recently affirmed the extent of an agency’s ability to waive defects or minor irregularities in proposals submitted to it. In Business Integra, Inc. v. U.S., the agency eliminated the contractor’s proposal from co… Read More
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Recent Developments

The National Institutes of Health (NIH) needs more Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) for its CIO-Solutions and Partners 3 (CIO-SP3) Small Business Government-wide Acquisition Contract (GWAC). Because a number of prior awardees… Read More

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GCARL started the year off with a victorious bang for a client, Alpha Transcription, in a “Bet the Company” protest. If Alpha Transcription lost it could have been devastating for them. The Transcription Services Industry and Market is hi… Read More

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