SBA's Non-Manufacturer Waivers
Small Business Administration
This publication provides information about the Small Business Act's requirement that a recipient of a government contract set aside for small business or the Small Business Administration's (SBA) 8(a) program, other than the actual manufacturer or processor, must provide the products of a small business.
The New Y2K Act
Robert E. Crotty of Kelley Drye & Warren LLP
Introduction As is now well known, for years computer programmers inputted only the last two digits of the calenda.
Recent Developments in the Law
Coudert Brothers LLP
A July 1996 Court of Appeals decision, City and County of San Francisco v. Stacey & Witbeck and Nationwide, 47.
Our Work is Being Delayed, What Should I Do? How to Properly Document a Prospective Construction Claim
William C. Last of Last & Faoro
This article is the final of a series of three articles that discuss the need for proper construction documentation.
Don't Count On Insurance Coverage To Cure Your Year 2000 Problems
Frank J. Perch of White and Williams LLP
The pervasive publicity afforded to the "Year 2000 Problem" resulting from the inability of many computers, software.
False Claims Prosecution Become a More Potent Tool for Public Agencies
Thomas H. Squeri of Coudert Brothers LLP
A recent Court of Appeals case and a new statute will make California's False Claims Act (Government Code Section 12650 et. seq.) a much more potent weapon in the fight by public entities against contractor's payment claims.
Notice A Key to Contract Relief
Philip L. Fortune of Smith, Currie & Hancock LLP
We have often written in this Newsletter and spoken at our construction law seminars about the allocation of risks .
Ban on Bundling May Not Be Done Deal
Carl L. Vacketta of DLA Piper LLP
This article discusses the rule relating to anti-bundling in governmental contracts.
Quelling Disputes May Key on Contract Proposals
Richard P. Rector of DLA Piper LLP
This update reviews what the courts may do if a government contract does not incorporate the contractor's proposal in the contract language.
Delayed Early Completion
Charles W. Surasky of Smith, Currie & Hancock LLP
Contractors sometimes plan to complete work on a project in less time than is allowed by the contract documents. C.
Interest Recovery under CDA
Thomas E. Abernathy of Smith, Currie & Hancock LLP
When can a contractor start accruing interest on costs included in a contract claim against the federal government?.
Measured Mile Analysis
Edward J. McNaughton of Smith, Currie & Hancock LLP
It is well known in the construction industry that labor inefficiencies significantly impact a contractor's bottom .
Quantity Variation or Changed Condition
Smith, Steven L. of Smith, Currie & Hancock LLP
A recent case before the Armed Services Board of Contract Appeals ("ASBCA" or "board") presented a direct question .
Claims and Dispute Resolution Procedures of State Agencies Relating to Construction Contracts
Allison J. Snyder of Greenberg Peden P.C.
This paper will briefly discuss some of the claims and dispute resolution procedures of several State of Texas agencies in connection with construction contracts.
Is the Government Abusing Multiple Award Contracts?
Wiley Rein LLP
This article reviews the U.S. General Accounting Office's office which confirmed that the government is regularly placing multi-million dollar orders under multiple award contracts without any competition.
Government Contracts Issue Update: All Facilities Must Comply With Affirmative Action
Wiley Rein LLP
This article summarizes a 4th Circuit opinion that held contractors with 50 or more employees that have contracts of $50,000 or more with the Federal Government must comply with affirmative action reporting requirements.
DCAA Guidance Addresses Revised Far Cost Principle Relating To Employee Relocation Costs And Unilateral Contracting Officer Decisions To Adjust Indirect Cost Rates
On August 13, 2002, the Defense Contract Audit Agency (DCAA) issued supplementary audit guidance to DCAA's Regional Directors and auditors concerning the application of the recently modified employee relocation cost principle, FAR 31.205-35. The guidance notes that FAR 31.205-35 was recently expanded to include costs that were previously expressly unallowable and that the effective date for the new, expanded cost principle is July 29, 2002.
Caldera v. Northrop--Federal Circuit Says Legal Costs Are Not Allowable
Wiley Rein LLP
The author summarizes the Caldera vs. Northrop opinion and discusses the impact of this decision on recovering legal defense costs.
Contract Interpretation ÃÂ What is "Exposed"?
John T. Flynn of Smith, Currie & Hancock LLP
The contractor was performing a fixed price building contract which required the performance of certain alterations.
The Cardinal Change Rule: Is There Any Way To Get Out From Under A Changed Contract?
Dan Holer and Richard Allen of Gadsby Hannah LLP
A brief overview of the Cardinal Change doctrine of contract law, of particular interest to government contractors.
Proposed Federal Regulations on "Blacklisting"
Thomas J. Kelleher of Smith, Currie & Hancock LLP
In February 1997, Vice President Gore promised the AFL-CIO that the Administration would amend the Federal Acquisi.
The Law Report
Day Pitney LLP
This update provides an overview in four different legal practice areas including real property taxation, litigation, trust and estates and insurance.
Beware of Sites Unseen
Steven L. Smith of Smith, Currie & Hancock LLP
Many federal governmental bid documents contain a soils report and copies of the boring logs. However it is also p.
Federal Government Contract Overview
Carl L. Vacketta of DLA Piper LLP
From formation through administration, contracting with the federal government is a highly regulated process with many traps for the unsuspecting. Unlike commercial contracting, which is governed generally by the Uniform Commercial Code and the common law, federal government contracting is governed by a maze of statutes and regulations. These statutory and regulatory provisions dictate, for example, what method or process an agency must use to solicit a contract; how the agency is to negotiate or award a contract; and under certain circumstances, what costs the Government will reimburse and how a contractor must account for those costs.
Recent Developments in the California False Claims Act
Thomas H. Squeri of Coudert Brothers LLP
A recent Court of Appeals case and a new statute will make California's False Claims Act (Government Code Section .
Can You Escape the Y2K Legal Bug?
William B. Poff of Woods Rogers PLC
You probably think that the Y2K problem, like a drive-by shooting, may happen to someone else ? *but not to me!*.