Value Engineering Change Proposals (VECP)
INTRODUCTION FAR 52.248-3 “Value Engineering Construction” allows cost recovery by a contractor which develops a more cost-effective method to perform the contract work. In effect, the Scope…
Government Must Specifically Exclude EAJA Application in Settlement Agreement
The Equal Access to Justice Act (EAJA) gives qualified contractors the right to recover a portion of the legal expense of pursuing a contract claim against the…
SBA Final Rule on Size Standards
INTRODUCTION As of 23 December 2013, the Small Business Administration (SBA) has changed the size standards for certified small businesses in the Utilities and Construction sectors. What…
Unauthorized Commitments
INTRODUCTION As defined under FAR 1.602-3(a), Unauthorized Commitments: “…means an agreement that is not binding solely because the Government representative who made it lacked the authority to…
Implied Duty of Good Faith and Fair Dealing
INTRODUCTION This article is a supplement to the Differing Site Conditions newsletter provided by Excell because the Implied Duty of Good Faith and Fair Dealing has just…
Site Visit vs. Differing Site Conditions
INTRODUCTION This article is in all probability one of the most important ever generated by Excell because the issues of Order of Precedence, Site Visit Responsibilities, and…
Prompt Payment Act
INTRODUCTION The Prompt Payment Act was enacted in 1982 and has been amended (1988). Its purpose is designed to ensure that Government organizations issue timely payment to…
Termination for Default
INTRODUCTION The Federal Government inserts clauses, in efforts to protect itself, into Government contracts to ensure that a contractor that is hired to perform work or provide…
Bid Protest Process
INTRODUCTION In its September 2013 issue, the NCMA (National Contract Management Association) re-published an article from the Spring 2013 issue of The Public Contract Law Journal (GW…
Fraud & Debarment
INTRODUCTION Fraud committed by a Government contractor can lead to Debarment of a contractor by the Federal Government. Examples of Fraudulent activity perpetuated by a Government contractor…