Most IDIQ contractors know that ordering agencies love to load-up task orders with unneeded, or even conflicting, contract clauses. It’s an established best practice to pushback at least once to see if extraneous clauses can be removed. Why should contractors have to comply with more requirements than needed? The issue of whether extraneous clauses are enforceable has always been a concern. Certainly, agency IG’s and Department of Justice attorneys believe that they should be. Now, however, the Federal Circuit Court has offered some hope to Read more
While writing the Week Ahead is a work of love, it is not how Allen Federal spends all of its time. Did you know that Allen Federal provides expert witness services, contract compliance reviews, help for your legal team in audits and other matters, strategic business development assistance, and training? To find out what we can do for you email us at info@allenfederal.com or ask for a copy of our 2023 Capabilities Statement.
Both national and industry media have lit up this week with stories on how a clash over whether or not to raise the US’ debt ceiling could cause at least a partial government shut down. Should contractors be concerned? Not yet, anyway. The “extraordinary measures” taken this week by the Treasury Department have delayed any potential partial shutdown until late May or early June. Business should continue normally for some time. Contractors should work hard with their customers to get key acquisitions in place over the next four months. The closer Read more
So much hype surrounds the end of the federal fiscal year that contractors could be forgiven for thinking that they could spend the rest of the year at the beach. It turns out, though, that there is real business being done right now. The Air Force made two large awards this week on significant tech systems that together top $500 million in spending. The VA is moving quickly on its T4NG 2 contract that will have a ceiling of $60 billion, three times larger than the current contract. Smaller awards on innovative projects have been made by Energy and DHS. Read more
Is it enough for a company to develop a rationale on why it believed it was compliant with key contract terms after an allegation of a False Claims Act violation? That question may now be decided by the Supreme Court. A recent JD Supra article from the firm of Husch Lowell, LLP stated that lower courts had agreed with the company that an after-the-fact rationale on why it believed it was compliant with its contract was sufficient. (United States ex rel. Schutte et al. v. Supervalu Inc. et al.). Government lawyers argued, however, that an after-the-fact reasonable Read more