Government Contracts Monitor

Sole Source Award: Not So Fast

On July 13, 2011, the Court of Federal Claims (CFC) granted a protester’s request and held that the method used by the Army to make a sole-source award for base shelter systems was illegal, despite the fact that the sole-source contract had been fully performed. Cal. Indus. Facilities Res. v. United States, No. 11-299C (Fed. Cl. Jul. 13, 2011) (full text available here).

Government Finalizes Rule Requiring Posting of Sole Source Justifications

As we reported previously, the Government must use “full and open competition” when it purchases goods or services unless one of seven primary exceptions is met.  When the Government decides to limit competition by using one of these exceptions, it must prepare a “Justification and Approval” (J&A) explaining its rationale.

Bid Protests @ the Court of Federal Claims: The Judges’ Take

On June 15, 2010 a panel of judges from the U.S. Court of Federal Claims (CoFC) shared insights into bid protest litigation at the court. The CoFC is one forum in which a disappointed bidder can protest the award of a federal procurement contract.

Federal Circuit Clarifies the Definition of IR&D Costs

The U.S. Court of Appeals for the Federal Circuit recently issued a long-awaited decision clarifying the classification of costs as Independent Research and Development (IR&D). ATK Thiokol, Inc. v. United States, No. 2009-5036 (Fed. Cir. Mar. 19, 2010).

New Rule to Limit Length of Noncompetitive Contracts Awarded with “Unusual and Compelling Urgency”

In an update to our recent post relating to GAO’s treatment of the “unusual and compelling urgency” exception to the competition requirements, the government has implemented a new rule further limiting the use of this exception.[1]

Government Contractors Face Challenges in Establishing Contract Claims Against Higher Tier Contractors

Lower-tier subcontractors performing work on government contracts sometimes stand in a difficult position: exposed to the same government compliance requirements as prime contractors, but lacking the direct contractual relationships necessary to obtaining legal recourse in the event that something goes wrong.

Even in the Face of "Unusual and Compelling Urgency," Agencies Must Maximize Competition to the Extent Possible

The government must use “full and open competition” when it purchases goods or services unless one of seven primary exceptions is met. A recent Government Accountability Office (GAO) decision serves as a reminder that such exceptions do not necessarily mean competition can be abandoned altogether.

Government Contracts Alternative Dispute Resolution

Alternative dispute resolution (ADR) promises to play an increasingly critical role in government contracts litigation.