COFC: IndyCar Racing Team Out of Luck, No Implied Contract with the National Guard

It’s never a good idea to perform work without a written contract authorizing the work; handshake agreements between the Government and contractors aren’t reliable. This is particularly true when a dispute arises and the contractor wants compensation. Without a contract, the firm might be out of luck.

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GAO: Proposal Evaluations Can’t Take Place in La La Land

Wouldn’t it be swell to simply erase those less-than-flattering moments from your past merely by deleting them? For instance, what if your biographer simply omitted any mention of you being excited for and seeing the apparently horrible new Cats movie? Does erasing a historical fact–such as an unfavorable detail from a proposal–mean that it never happened?

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GAO Sustains Protest Where Contract Modification Fell Outside the Contract’s Scope

GAO protests typically address issues that occur before contract award. For example, GAO will review a solicitation’s terms. It will also review an agency’s evaluation of proposals submitted in connection with a solicitation. But as a general rule, GAO won’t insert itself into disputes arising after award, which fall under the contract administration umbrella. But there is an exception–and an important one . . . one that all federal contractors should be aware of.

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Federal Government Contractors Can Use Electronic Signatures for Claim Certifications, ASBCA Says

Despite technological advance, some (perhaps even you) still cling to the notion that a signature, written by a human hand, is the only official kind. In other words, if a person doesn’t personally affix her “John Hancock” in cursive script or some other creative form, then the document really isn’t signed. If this thought sounds familiar, I’m here to liberate you. You are no longer bound like a medieval prisoner to your tube filled with ink. You can use an electronic signature in your contract work with the U.S. Government, including certifications connected to claims submitted under the Contract Disputes Act.

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Veterans Business Conference at Fort Bliss, TX

Earlier this week, I was privileged to attend and present at the 14th Annual Veterans Business Conference. As always, the Contract Opportunities Center at El Paso Community College did a great job organizing the conference and connecting contractors with information they need to thrive. In the morning, I presented on size/affiliation issues and joint ventures and mentor protégé agreements. And at lunch, I spoke about various legal developments affecting small businesses. After that, the whole conference was treated to a motivational speech by Jack Tilley, a former Sergeant Major of the Army.

All in all, the conference was a grand success, and I am grateful for my involvement. My special thanks goes to Pablo Armendariz and Melissa Murphy for their invitation and their superb organizing efforts.

For 2020, DOL Raises Minimum Wage for Federal Contractors to $10.80

The Department of Labor annually increases the minimum wage for federal contractor employees in accordance with Executive Order 13658. It recently noticed, via the Federal Register, that the 2020 minimum wage for most of these employees will increase from $10.60 to $10.80. For tipped employees, the cash wage will increase from $7.40 to $7.55.

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