Fun with the DFARS Parts 219, 222, & 223

The first part of Subpart 219.2 can function as a guide for small businesses working on DoD contracts for what they should expect the contracting agency to do, since it contains the standards to which the contracting agency will be held. DFARS 219.201. Because of the...

Fun with the DFARS Parts 216, 217, & 218

If a contractor and contracting officer wish to use a cost-plus-award-fee contract, they must refer to DFARS Part 216.405-2 and PGI 216.405-2. In the wake of allegations of contractors being paid unearned award fees, contractors must be particularly careful to follow...

Fun with the DFARS Part 215

Per DFARS Subpart 215.371-2, contracting officers must promote competition, especially in the context of receipt of only one offer. However, even if more than one offer is received, the prices offered are not automatically fair or reasonable. Thus, contracting...

CLAIM DOES NOT ACCRUE UNTIL “SUM CERTAIN” IS KNOWN BY CONTRACTOR

The Federal Circuit recently clarified that a contractor’s claim does not accrue until the exact amount (“sum certain”) of the claim is known to the contractor. Kellogg Brown & Root Serv., Inc. v. Murphy, No. 2015-1148 (Fed. Cir. May 18, 2016), 2016 WL 2893218....