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Federal Construction Contracting Blog

Federal Construction Contracting Blog
The purpose of this blog is to give the construction industry the benefit of our insights about the latest developments in federal construction contracting.
Articles: 1, 2, 3, 4, 5, 6, 7

Articles

RFP - There Can Be Communications Without "Discussions"
2007-02-16 20:47:03
“Discussions” in a negotiated procurement between the government and an offeror are the exception, not the norm, as those of you who have submitted a response to a Request for Proposals know.  Too often the government awards a contract on...
More About: Communication , Cat , Muni , With , Here
A Contractor is Not Liable for the Consequences of Defective Specifications
2007-02-16 20:47:03
This recent Court of Federal Claims decision involves a USDA contract for the construction of a vegetable laboratory in Charleston, South Carolina. The contractor was terminated for default and the bonding company, Travelers Casualty and Surety of America, took over under...
More About: Cat , Contract , Sequence , Contra , Specific
Upcoming BRAC Program Under Consideration By Congress
2007-02-16 20:47:03
In order to implement the 2005 Base Realignment and Closure Prog ram (BRAC), Congress has a bill under consideration to fund recommendations in the amount of 5.43 billion dollars (H.R. 5385).   Although this is a substantial amount of money, it is 400...
More About: Program , Side , Upcoming
Seminar on "How to Succeed in the New World of Federal Construction Contrac
2007-02-16 20:47:03
MATOC – IDIQ – “Best Value” – BRACThese are the terms that contractors are hearing more and more and they are part of the rapidly changing world of construction contracting with the federal government.  It is no longer enough to...
More About: World , How To , Construction , The N , Seminar
The Variation in Estimated Quantity Clause and Requirements Contracts
2007-02-16 20:47:03
After a hiatus in the posting of new decisions on its website dating back to October 2006, the Armed Services Board of Contract Appeals recently posted a series of new decisions.  We will review and comment on the most interesting...
More About: Men , Estima , Vari , Aria
Contractors Must Review Pre-Bid Geotechnical Data
2007-02-16 20:47:03
A recently reported decision by the Armed Services Board of Contract Appeals underscores the necessity for bidders to review pre-bid data listed in the solicitation. In Mass Construction Group, Inc., ASBCA No. 55440, the contractor pursued a claim for a differing...
More About: Technical , Tech , Review , Data , Actors
AGC Appeals Ruling that EPA Must Set Limits on Sediment in Construction Run
2007-02-16 20:47:03
In an a press release issued by Construction News, a publication of the Associated General Contractors of America (AGC), it was reported that the U.S. Environmental Protection Agency (EPA) and the AGC had both filed an appeal with the U.S. Court of Appeals for...
More About: Men , Hat , Limits , That
Court of Federal Claims Rules That A Differing Site Conditions Claim Must B
2007-02-16 20:47:03
A recent decision by the Court of Federal Claims, AAB Joint Venture v. United States, (January 26, 2007), illustrates some of the subtleties of the Contract Disputes Act of 1978.  The contractor was awarded a design-build contract for a military...
More About: Site , Hat , Ring , Rules , Condition
Upcoming Forum for Contractors Interested in the Baltimore District's BRAC
2007-02-16 20:47:03
The Baltimore District , in conjunction with the Society of American Military Engineers, is conducting a one-day forum on the workload created by the Base Realignment and Closure (BRAC) construction program in the District.  This multi-billion dollar program includes new construction and...
More About: Inter , Forum , Actors , Contract
Paul Perkins - A Valuable Resource for Federal Construction Contractors
2007-02-16 20:47:03
There are many resources available to federal construction contractors, but there a few as useful as the services provided by Paul Perkins and his company, Construction Contract Specialists.  We have had the privilege of working with Paul on a number...
More About: Source , Actors
Important New Rules on Electronically Stored Information
2007-02-16 20:47:03
On December 1, 2006, amendments to the Federal Rules of Civil Procedure became effective and made something that had already been established by court decisions very clear – that virtually every kind of electronically stored information (“ESI”) is discoverable in...
More About: Information , Electronic , Electronica , Info , Port
Skillful Project Management in the 21st Century
2007-02-16 20:47:03
In the most recent edition of Defense AT&L, a magazine published by the Defense Acquisition University, author Wayne Turk discusses the skills that a competent project manager needs to possess in the 21st Cent ury.  In addition to people, financial and...
More About: Project Management , Management , Men , Project
Upcoming Consolidation of the Civilian Boards of Contract Appeals
2007-02-16 20:47:03
Effective January 6, 2007, the Board s of Contra ct Appeals for the General Services Administration, the Departments of Agriculture, Energy, Housing and Urban Development, Interior, Labor, Transportation, and Veterans Affairs will cease to exist and will become part of the new...
More About: Civil , Upcoming
Why Negotiate a Negotiated Procurement?
2007-02-16 20:47:03
In yet another example of one of my long-standing complaints about the GAO’s interpretation of the “Proc urement by Negotiation” process specified in FAR, Part 15, the GAO has reiterated its long-standing policy that “there is generally no obligation that a...
More About: Men , Cure
Declining Opportunities for Small and Mid-Sized Federal Construction Contra
2007-02-16 20:47:03
The cover story, “New Marching Orders,” in the most recent edition of Constructor, published by McGraw-Hill Construction , highlights a trend in military construction that should concern small to mid-size general contractors.  In the past, many projects for construction of military...
More About: Port , Small , Opportunities , Size
Agency Confuses Responsiveness with Responsibility
2007-02-16 20:47:03
A recent Government Accountability Office decision, Tessa Structures, LLC, B-298835, highlights the difference between responsiveness and responsibility determinations and the obligation of an agency to refer responsibility determinations to the Small Business Administration (SBA).  The protestor, a small business, responded...
More About: Agency , With , Ness , Bili
Where and Whether to File a Bid Protest
2007-02-16 20:47:03
A disappointed bidder (on an Invitation for Bids), or an offeror (on a Request for Proposals), has the option to file a protest to the agency, to the General Accountability Office (GAO), or to the United States Court of Federal...
More About: File , Protest , Here , Test , Where
Task Order Contractors Must be Given a Fair Opportunity to Compete for Indi
2007-02-16 20:47:03
As we have mentioned previously, the growing use of multiple award task order contracts in federal construction contracting, as can be seen in much of the disaster recovery work in New Orleans, is limiting the competitive opportunities for small and...
More About: Comp , Port , Opportunity , Actors , Contract
Contracting Opportunities with the U.S. Department of State
2007-02-16 20:47:03
The January 3, 2007 edition of ENR.com, an online publication of McGraw-Hill Construction, contains a webcast of the construction industry "matchmaking" session that the Bureau of Overseas Buildings Operations (OBO) of the Department of State held with representatives of over...
More About: Men , Port , With , Contract
A HUBZone Protest Must Be Referred to the SBA
2007-02-16 20:47:03
A recent Court of Federal Claims case, Diversified Maintenance Systems, Inc., December 4, 2006, reinforces the necessity for contracting officers to refer all protests regarding a company’s HUBZone status to the Small Business Administration (SBA). In Diversified, the agency set aside a...
More About: Protest , Test , Ferr , Must
Court of Federal Claims Rules That A Differing Site Conditions Claim Must B
2007-02-06 20:40:04
A recent decision by the Court of Federal Claims, AAB Joint Venture v. United States, (January 26, 2007), illustrates some of the subtleties of the Contract Disputes Act of 1978.  The contractor was awarded a design-build contract for a military...
More About: Site , Hat , Ring , Rules , Condition
AGC Appeals Ruling that EPA Must Set Limits on Sediment in Construction Run
2007-02-03 08:38:02
In an a press release issued by Construction News, a publication of the Associated General Contractors of America (AGC), it was reported that the U.S. Environmental Protection Agency (EPA) and the AGC had both filed an appeal with the U.S. Court of Appeals for...
More About: Men , Hat , Limits , That
Contractors Must Review Pre-Bid Geotechnical Data
2007-02-02 08:37:12
A recently reported decision by the Armed Services Board of Contract Appeals underscores the necessity for bidders to review pre-bid data listed in the solicitation. In Mass Construction Group, Inc., ASBCA No. 55440, the contractor pursued a claim for a differing...
More About: Technical , Tech , Review , Data , Actors
Paul Perkins - A Valuable Resource for Federal Construction Contractors
2007-01-30 08:35:04
There are many resources available to federal construction contractors, but there a few as useful as the services provided by Paul Perkins and his company, Construction Contract Specialists.  We have had the privilege of working with Paul on a number...
More About: Source , Actors
The Variation in Estimated Quantity Clause and Requirements Contracts
2007-01-27 08:33:02
After a hiatus in the posting of new decisions on its website dating back to October 2006, the Armed Services Board of Contract Appeals recently posted a series of new decisions.  We will review and comment on the most interesting...
More About: Men , Estima , Vari , Aria
Seminar on "How to Succeed in the New World of Federal Construction Contrac
2007-01-23 20:31:01
MATOC – IDIQ – “Best Value” – BRACThese are the terms that contractors are hearing more and more and they are part of the rapidly changing world of construction contracting with the federal government.  It is no longer enough to...
More About: World , How To , Construction , The N , Seminar
On December 1, 2006, amendments to the Federal Rules of Civi
2007-01-15 20:26:04
On December 1, 2006, amendments to the Federal Rule s of Civil Procedure became effective and made something that had already been established by court decisions very clear – that virtually every kind of electronically stored information (“ESI”) is discoverable in...
More About: Men , Amendment , The Fed
Skillful Project Management in the 21st Century
2007-01-11 08:23:02
In the most recent edition of Defense AT&L, a magazine published by the Defense Acquisition University, author Wayne Turk discusses the skills that a competent project manager needs to possess in the 21st Cent ury.  In addition to people, financial and...
More About: Project Management , Management , Men , Project
Contracting Opportunities with the U.S. Department of State
2007-01-04 20:19:01
The January 3, 2007 edition of ENR.com, an online publication of McGraw-Hill Construction, contains a webcast of the construction industry "matchmaking" session that the Bureau of Overseas Buildings Operations (OBO) of the Department of State held with representatives of over...
More About: Men , Port , With , Contract
Task Order Contractors Must be Given a Fair Opportunity to C
2006-12-22 08:09:02
As we have mentioned previously, the growing use of multiple award task order contracts in federal construction contracting, as can be seen in much of the disaster recovery work in New Orleans, is limiting the competitive opportunities for small and...
More About: Port , Opportunity , Actors , Contract , Fair
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