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The Defense Priorities and Allocation System (DPAS) is a program managed by the Department of Commerce (DoC) that ensures critical products and services are available for national defense. This system operates under the authority of the Defense Production Act (DPA), which was originally passed in 1950. The DPA allows the government to...

When a government employee leaves their job to work for a contractor, they have to follow certain rules to avoid conflicts of interest. These rules are in place to ensure the integrity of government decisions and prevent any unfair advantage for contractors. Avoiding Conflicts of Interest During Government...

Federal government contracts, particularly defense contracts, frequently require contractors to deliver technical data and computer software. The government's rights to use, modify, and disclose this data depend critically on how contractors mark delivered materials. Improper or missing markings can result in the government obtaining broader rights than intended, potentially compromising contractors' proprietary...

When a contract needs to be modified, a contractor may have to ask for a price adjustment. This usually happens through a request for equitable adjustment (REA) or a claim. An REA tends to be viewed as a matter of contract administration, aiming to resolve contract issues through negotiation. A claim, on...

If you're a government contractor in California, understanding California's Public Records Act (CPRA) can give you a competitive edge. This law is designed to promote transparency in government, and it can be used to provide valuable insights into public procurement processes. Let's explore how the CPRA can help you obtain procurement information...

If your company's bid or proposal information has been requested under the California Public Records Act (CPRA), you may be worried about sensitive information becoming public. The CPRA is designed to promote transparency by allowing the public access to government records. However, not all records are disclosable, particularly when it comes to...

In construction projects, things don't always go as planned. Sometimes, there are disputes about alleged mistakes and whether they need to be fixed. One important concept that comes into play in these situations is the "economic waste doctrine." This doctrine helps frame the analysis when deciding whether it's worth making expensive repairs,...

In federal construction contracting, the economic waste doctrine plays a critical role in determining appropriate remedies when contractors fail to strictly comply with contract specifications. This doctrine recognizes that requiring perfect compliance with specifications may sometimes be economically unreasonable when the cost of correction far exceeds any benefit. The Federal Circuit's decision...

In government contract disputes, contractors pursuing monetary relief must establish two distinct elements: entitlement and quantum. While entitlement addresses whether the contractor has a legal right to recover, quantum concerns how much the contractor can recover. Both elements require rigorous proof, and establishing entitlement alone proves insufficient without compelling demonstration of the...