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Hasta La Vista, Baby! Contracting Officer Erroneously Terminates Contractor for Default - Construction and Procurement Law News, Q1 2021 | Bradley Arant Boult Cummings LLP

To embed, copy and paste the code into your website or blog: In a December 2020 opinion, the United States Civilian Board of Contract Appeals (the “Board”) reviewed and reversed a Federal Highway Administration (“FHWA”) Contracting Officer’s (“CO”) decision to terminate for default Eagle Peak Rock & Paving, Inc.’s thirty-six million dollar contract (the “Contract”) for work on a project in Yellowstone National Park (the “Project”). Its decision underscored the fact that government “Terminators” should think twice before terminating a contractor for default. In May of 2016, FHWA awarded Eagle Peak the Contract for the Project. The Contract anticipated a three-year Project duration, and it was governed by both the Federal Acquisition Regulations and FHWA Special Contract Requirements. Pursuant to a provision in those documents, Eagle Peak had to submit an initial construction schedule within twenty days of receiving its notice to proceed. The construction

Senior Manager, Sub-Awards

Reporting to the Chief Financial Officer, the Senior Manager, Sub-Awards is responsible for the day-to-day management and administration of all sub-agreements and sub-contracts executed under ICAP grants and contracts. The Senior Manager, Sub-Awards interprets terms and conditions as well as associated rules and regulations, as they apply to competing, negotiating and administering subcontracts and grants under prime contracts and Cooperative Agreements. The position provides support to project management unit liaison staff during every stage of the subcontract/grant life cycle, evaluates program personnel training requirements, develops and delivers training, seminars and other resources and support all audit actions performed at ICAP headquarters and field offices in coordination with Country Sub-Award Representatives, Finance Directors, Country Directors and New York-based colleagues supporting Awards Management and Project Portfolio Management.

Biden Administration Carries Forward Trump Era Executive Order Scrutinizing Imports And Sales Of Certain Communications Technology And Services - Government, Public Sector

To print this article, all you need is to be registered or login on Mondaq.com. On March 22, 2021, the Department of Commerce ( Commerce ) interim final rule to implement provisions of Executive Order 13873 on Securing the Information and Communications Technology and Services (ICTS) Supply Chain became effective. The interim final rule made several changes to the original proposed rule issued in November 2019. The interim final rule clarifies when Commerce will seek other agency consultation and the criteria to be considered when making a determination about whether a transaction is covered. The new rule also provides more details concerning the options available to affected parties,

All Is Not Forgiven: PPP Forgiveness And Credits | Morrison & Foerster LLP - Government Contracts Insights

  On March 23, 2021, The House Small Business, Subcommittee on Contracting and Infrastructure held a remote hearing titled:  “The Interaction Between the Paycheck Protection Program and Federal Acquisition Regulations:  What It Means for Government Contractors.”  The hearing focused specifically on the interplay between Paycheck Protection Program (PPP) loan forgiveness and Federal Acquisition Regulation (FAR) 31.201-5 “Credits,” and how that interplay impacts federal contractors that perform cost-type contracts.  This meeting highlights an area where contractors have, at best, incomplete guidance.  We will continue tracking these issues as new guidance is issued. FAR 31.201-5 states that:  “The applicable portion of any income, rebate, allowance, or other credit relating to any allowable cost and received by or accruing to the contractor shall be credited to the Government either as a cost reduction or by cash refund.”  This provision applies to: (1) the pricin

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