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Wait! Wait! Don’t sign that!

October 4, 2019 By Andrew Smith

Government Contracts attorneys have long advised clients to be wary of executing contact modifications containing broad release language.  In such situations, a simple modification extending the contract schedule or addressing a specific item of work can result in the government later taking the position that by executing the modification the contractor intended to release all related claims, no matter how tenuous the connection between the subject of the modification and the later claims.

A recent case from the Court of Federal Claims stands as a good reminder to contractors not to let their guard down when executing modifications with the government.  On September 23, 2019, the court issued a decision in Meridian Engineering Company v. The United States, No. 11-492C, in which it clarified the law surrounding the scope of releases and the doctrine of accord and satisfaction.

Continue reading at:  Government Contracts Insider

Filed Under: Contracting Tips Tagged With: modification, release of claims

Company calls out ‘old guard’ after Pentagon cuts its $950 million cloud contract by 93 percent

March 12, 2018 By Andrew Smith

One week ago, Virginia-based REAN Cloud was preparing to hire an additional 100 employees to meet demand across the Defense Department after it received a $950 million other transaction authority agreement to provide cloud services across Defense agencies.

Now the company is calling out the contracting community that it feels helped successfully pressure the Pentagon to curb its contract award by more than 90 percent — from $950 million to $65 million — and looking for answers from the Defense Department.

“Based on the threat of legal action and protest by the old guard, the only winners in this delay are those large companies that stand to lose money if the Defense Department proceeds with innovation. In the meantime, the cost of maintaining antiquated government infrastructure has not subsided,” said Sekhar Puli, the company’s managing partner, in a statement.

Keep reading this article at: http://www.nextgov.com/it-modernization/2018/03/company-calls-out-old-guard-after-pentagon-cuts-its-nearly-1-billion-cloud-contract/146529/

Filed Under: Contracting News Tagged With: cloud, DIUx, DoD, modification, OTA, other transactional authority, prototype, scope of work

GSA launches phase two of ‘Making It Easier’

October 31, 2016 By Andrew Smith

The General Services Agency launched the Making It Easier initiative in April to help government improve the way it buys good and services, and after a series of successful programs, the agency is ready for phase two.

making-it-easierLaunched on Oct. 24th, the next phase adds a slew of new efforts for both the contracting community and federal agencies. They include new quick-start guides designed to get prepare prospective contractors as they seek business across GSA’s many acquisition vehicles; a Multiple Award Schedule (MAS) Modification Improvement process designed to streamline changes in schedule solicitations; and restructured help desks that will give customers a single point of entry.

In addition, GSA planned to release a report describing the full scope of the “Making It Easier” initiative, its impact on stakeholders and prospects for fiscal 2017.

Keep reading this article at: http://www.nextgov.com/technology-news/2016/10/gsa-launches-phase-2-making-it-easier/132572

Filed Under: Contracting News Tagged With: FAS, FSS, government contracting, GSA, GSA Schedule, Making It Easier, MAS, modification

GSA seeks input from Schedule-holders on contract modification process

August 5, 2016 By Andrew Smith

GSA logoThe U.S. General Services Administration (GSA) is asking for feedback from GSA Schedule contractors on the contract modification process.

GSA’s Federal Acquisition Service (FAS) will use the industry input it receives to improve the GSA Multiple Award Schedules’ (MAS) modification process.

GSA explained that its industry outreach is part of its recently-launched Making it Easier Initiative which includes “improving the Multiple Award Schedule (MAS) modification process in order to make it easier for you, our MAS industry partners, to do business with the government.  We’ve heard your concerns, and want to make sure that your feedback on how to enhance the process is captured and taken into account.”

GSA Schedule contractors can provide comments by responding to the survey questionnaire at: https://docs.google.com/forms/d/1i0RX9FmMz56I1OY73k5VaxONDX7yiqQVHlVKlPV1kGw/viewform.

Filed Under: Contracting News Tagged With: FAS, Federal Supply Schedule, FSS, GSA, GSA Schedule, MAS, modification, multiple award schedule, Schedules

Armed Services Board of Contract Appeals reaffirms only a CO can modify a contract

July 31, 2015 By Andrew Smith

A construction contractor was unable to recover the costs of performing changed work allegedly ordered by the government’s project engineers because the engineers did not have authority to modify the contract.
asbca sealAs demonstrated in a recent Armed Services Board of Contract Appeals (ASBCA) decision, only a contracting officer or the contracting officer’s designated representatives may modify a contract, and a contractor bears the risk of non-payment by performing changed work directed by an unauthorized government employee.

The ASBCA’s decision in Circle, LLC, ASBCA No. 58575 (July 1, 2015) involved a contract between Circle, LLC and the U.S. Army Corps of Engineers, pursuant to which Circle was to construct a concrete flume on the Two Mile Canal in Jefferson Parish, Louisiana. As part of its scope of work, Circle was to erect a Temporary Retaining Structure to stabilize the site while the flume was constructed.

Keep reading this article at: http://smallgovcon.com/claims-and-appeals/governments-engineers-couldnt-modify-contract-says-asbca/

Filed Under: Contracting News Tagged With: acquisition workforce, appeal, Army Corps of Engineers, ASBCA, Board of Contract Appeals, delegation of authority, modification

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