Adding Value to the Company: Moving to Dismiss Claims Under the Contract Disputes Act for Statute of Limitation Violations

To say that there is a crisis surrounding the closing of government contracts, especially large cost-type contracts held by large government contractors, would certainly not be an understatement. [i]  Closing a contract essentially requires verification that the goods or services have been provided and that final payment has been made to the contractor. Audits are the tools the government uses to support contract closeouts.  However, the government is seemingly taking forever to perform various audits of government contracts.  To illustrate, the Defense Contract Audit Agency, the audit arm of the Department of Defense, had a backlog of 25,000 incurred cost audits at the end of Fiscal Year 2011, some dating as far back as 1996. GAO, Defense Contracting:  DOD Initiative to Address Audit Backlog Shows … Continue reading

Bid Protests Get Bad Press

It is highly unusual for a scholarly paper on bid protests to generate excitement in the media, but Dan Gordon has triggered a virtual firestorm by finding, in a recent article, that “[i]t is rare for a protester to win a protest, and even rarer for a winning protester to go on to obtain the contract at issue in the protest.”  See Daniel I. Gordon, Bid Protests:  The Costs are Real, But the Benefits Outweigh Them, Geo. Wash. Law School Pub. L & Leg. Theory Paper No. 2013-41, at 20 (2013), 42 Pub. Contr. L.J. (forthcoming Spring 2013), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2228748.  Upon further reflection, however, the paper and its press coverage raise two points that are worthy of additional comment:  (1) the firestorm is the … Continue reading