Are you Prepared for Government Contracting?
As a follow-on to our previous newsletter, we will be posting a 10-part series addressing Government Contracting Fundamentals that every Government Contractor should know. Accordingly, we encourage…
Real $$$ At Stake: Paid Sick Leave Rule
PART III: DOL Issues Final Rule for Mandatory Paid Sick Leave FINAL RULE ON PAID SICK LEAVE The United States Department of Labor (DOL) recently released its…
Value Engineering Change Proposals – Capture an Increased Share of the Cost Savings
INTRODUCTION Value Engineering Change Proposals (VECPs) incentivize prime construction contractors to voluntarily submit proposals to identify ways the Federal Government can reduce costs. In turn, if the…
Having Issues Recovering your Recoverable Costs? Read on.
INTRODUCTION If you work with Government Contracts – especially CONSTRUCTION CONTRACTS – you need to read this!! REQUEST FOR EQUITABLE ADJUSTMENT (REA) A contractor recently recovered $3.5…
Experiencing Bond or Insurance Claims?
Excell Consulting International (Excell) recently resolved a $7.5 million claim request submitted to Zurich. After a Subcontractor was defaulted for cause on a construction project in Las…
Lowest-Price Technically Acceptable (LPTA) Bid Review Standard Set for Limitation
INTRODUCTION If you work with Services Contracts – especially INFORMATION TECHNOLOGY, SYSTEMS ENGINEERING or TECHNICAL ASSISTANCE SERVICES AND/OR OTHER KNOWLEDGE-BASED PROFESSIONAL SERVICES – you need to read…
Proprietary Data, Waiver, and the Government’s “Unlimited Rights”
INTRODUCTION Is your proprietary data safe from disclosure by the Government? According to a recent Court of Federal Claims (Court) decision, if your proprietary data is not…
Modified Total Cost Method – Pricing of Adjustments
INTRODUCTION When a contractor in entitled to an adjustment to the cost or time on a contract, the contractor is expected to prove its costs by submitting…
The Patent Ambiguity Doctrine and the Contractor’s Duty to Inquire
INTRODUCTION Contract documents for a construction project are an imperfect form of communication. The Architect or Engineer does its best to translate the owner’s needs into plans…
Sovereign Acts Generally Bar Recovery, Impose Risk
INTRODUCTION Costs incurred as a result of Sovereign Acts of the Government are generally not compensable. The recent Armed Services Board of Appeals (ASBCA or Board) Appeal…