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Public procurement is like the heartbeat of public spending in most of Africa – by some estimates, it accounts for 17% of the GDP of African Countries. Procurement was long seen as a clerical administrative function, rather than a strategic lever. This was not always the case.
The end of the Fiscal Year is upon us, which typically coincides with a flurry of procurement activity and then a wave of bid protests. As most of you know, there are three primary fora for bid protests: procuring agencies, the Government Accountability Office (GAO), and the Court of Federal Claims (COFC). FAR 33.103(e).
Court of Appeals for the Third Circuit, “[a] principal client’s sudden and unexpected termination of a major contract with the employer, a strike at a major supplier of the employer, and an unanticipated and dramatic major economic downturn might each be considered a business circumstance that is not reasonably foreseeable.” [72]
Certificates will be e-mailed to registrants. In pursuit of higher education, Dr. Crosby transitioned to the Inactive Ready Reserves in August 2004, earning his MBA in December 2006. Upon separation from the Air Force, Mr. Roberts worked as a Functional Analyst Lead for contract writing at CACI, Inc.
Jay Blindauer Whether a procurement, grant, or cooperative agreement, [1] if the at-issue arrangement qualifies as a contract, the Government cannot simply cease performing contract payments. For a grant or cooperative agreement that is not a contract, the Government has more flexibility to halt payments.
Jay Blindauer A contractor takes on a Government contract to make money, and inflation is getting in the way. With inflation eroding value for this long, a Government contractor may need to obtain contract relief. Obviously, contract type matters. Fixed-price contracts are the most vulnerable.
Jay Blindauer A contractor will often incur a significant cost (in time and money) to prepare and submit a proposal for a possible Government contract. Indeed, a GAO protest is generally not helpful if the contested contract/order is already substantially performed before a protest decision is reached. 2305(b)(6)(A) and 41 U.S.C.
Specifically, the GovCon Order applies for contractors/subcontractors of “[e]xecutive departments and agencies, including independent establishments subject to the Federal Property and Administrative Services Act, 40 U.S.C. a personal services contract), it should not be subject to the GovCon Order. [18] Emphasis on the word some.
Hilary Cairnie, Troutman Pepper -&- Jay Blindauer, Blindauer Law PLLC The first author, Hilary Cairnie , is a partner with Troutman Pepper Hamilton Sanders LLP (“Troutman Pepper”), and the head of the government contracts practice for the firm. 14,042 is being implemented by each procuring Agency developing its own FAR Subpart 1.4
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