INTRODUCTION Contracting officers have a duty to purchase supplies and services at fair and reasonable prices1. One method of ensuring that bid proposals and contracts are based…

INTRODUCTION Due to the complexity of construction, combined with changes often inherent as a result of the very nature of construction, a contractor’s actual performance can deviate…

The Small Business Administration (SBA) has proposed a small but significant change to the “Ostensible Subcontractor” Rule in 13 CFR § 121.103(h)(4). Under the proposed change, small businesses would be allowed to subcontract with similarly situated businesses without fear of running

It is common knowledge that when the government issues defective plans and specifications, its actions constitute a “Constructive Change” under FAR 52.243-4 “Changes.” But what happens when the government rejects a contractor’s submittals that are compliant with the contract plans and spec…

INTRODUCTION Many contractors have experienced a Government representative requesting a change to the work outlined in a construction contract. If the additional work requested is performed by…

INTRODUCTION When it comes to Quantum determinations, what you don’t know actually can hurt you. Quantum is a term that determines what is considered the “reasonable value…

INTRODUCTION The Contractor Performance Assessment Reporting System (CPARS) was initially developed to provide evaluations for all government contractors. The intention was to ensure that performance rating information…

This Part II will focus on the fallout of a material breach, including the right to stop work and the options for both the breaching and non-breaching parties.

Much has been written about the now infamous Department of Veterans Affairs’ (VA) medical facility construction project in Aurora, Colorado, which is projected to have over $1 billion in cost overruns (projected final cost of approximately $1.7 billion). The storylines include Kiewit-Turner…