Want to Recover Increased Costs Caused by an Epidemic? Look at Your Contract!

Contractors in the COVID-19 era may be tempted to think that the Government will compensate them for increased costs caused by virus-induced shutdowns, quarantines, and the like. And this line of thought has some inherent appeal. After all, the virus was entirely unforeseen by both parties when the contract was inked. So shouldn’t the customer–the party wanting the good or service–bear the risk of these extraordinary events?

Continue reading

Defense Department Provides COVID-19 Guidance

Last week, we wrote about OMB’s guidance to contracting officers in dealing with the extraordinary challenges caused by COVID-19. Among other things, OMB instructed agencies to be flexible in providing extensions on performance deadline and encouraged open communication with industry partners on the response to COVID-19.

Now, the Department of Defense—the federal government’s largest purchasing unit—has issued its own guidance to constituent agencies.

Continue reading

Winding Down: COVID-19 Work Stoppages & Suspensions

Many contractors are facing work stoppages or suspensions because of COVID-19—especially where working from home is not feasible. This blog post aims to provide a little bit of clarity about work stoppages, suspensions, and the FAR’s excusable delays provision.

Continue reading

YouTube Tuesday: COVID-19 Contractors’ Toolkit: Top 4 Tips for Government Contractors

There are a lot of things in flux because of the ongoing spread of coronavirus–but there are at least four things every government contractor, large or small, can do right now to help weather the storm. Check out my YouTube video, a part of SmallGovCon and Koprince Law’s COVID-19 Contractors’ Toolkit, to learn more:

Keep watching the site for more useful information and updates for government contractors. Stay healthy and get in touch if you need legal assistance.

Preparing for the Worst

The hot topic of late—for good reason—is the coronavirus (or COVID-19), and its incredible impact on people and the world’s economy. It’s inescapable, and turning on the evening news can be downright scary.

We’re all concerned with how to protect our loved ones from the impact of this outbreak. But for business owners—particularly small business owners—those concerns are compounded by the fear of potential economic hardships that are almost certain to come.

In this post, we’ll discuss suggestions as to how a federal government contractor might prepare for disruptions caused by the coronavirus (or other calamities).

Continue reading

Termination For Default: The “No Reasonable Likelihood” Standard

Sometimes you may find yourself running late. It happens to the best of us for a multitude of reasons. But what happens to federal contractors when they are running late in performing under a contract and there is “no reasonable likelihood” of timely performance?

Unfortunately for contractors in this position, as illustrated by a recent Civilian Board of Contract Appeals (CBCA) decision, the result may be a default termination.

Continue reading

Excusable Delay: Government’s Failure To Extend Was “Constructive Acceleration”

Federal contractors not so infrequently find themselves in a position where they are unable to complete performance of a contract by the agreed-upon deadline. So, what happens when the delay is neither party’s fault, but the government denies extension of the period of performance or provides inadequate extensions?

In IAP Worldwide Services, Inc. (ASBCA Nos. 59397, 59398, and 59399), the Armed Services Board of Contract Appeals found under the legal theory of “constructive acceleration” that the U.S. Army Corps of Engineers was liable for extra costs incurred by IAP due to the Corps insistence of timely contract delivery despite excusable delays.

Continue reading