Competition in Contracting Act
INTRODUCTION The Competition in Contracting Act (CICA) was enacted in 1984 for the purpose of ensuring that the Federal Government can only enter into contracts upon “…full…
Proposals and REAs
INTRODUCTION A contractor submitting a Request for Equitable Adjustment (“REA”) is required to provide “proposal-type” documentation supporting its position and proving its entitlement. In addressing REAs, some…
Certificate of Current Cost or Pricing Data
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…
Termination for Default – Is it Justified & What are my Options?
INTRODUCTION The Federal Government inserts certain clauses into its construction contracts in order to protect itself. One such clause is the Termination for Default clause. The Termination…
Distinguishing Between Delay and Disruption
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…
SBA Proposes Exception to "Ostensible Subcontractor" Rule
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
Rejection of Conforming Submittals = Change to the Contract
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…
Ratification, Changes, and Unauthorized Commitments
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…
How the Government reviews Quantum
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…
CPARS – Contractor Performance Assessment Reporting System
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…