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COHEN SEGLIAS
Cohen Seglias Promotes Three Construction Attorneys to Partners. We are excited to announce the promotions of Daniel Fierstein, Kathleen Morley, and Jackson Nichols to the firm’s partnership, effective January 1, 2021. Dan, Kathleen, and Jackson are all members of the firm’s Construction Group. Continue Reading Meet Our Team. 2021 CONSTRUCTION FORECAST: THE ROAD TO RECOVERYSEE MORE ONCOHENSEGLIAS.COM
DIFFERING SITE CONDITIONS Type I Elements: The Court of Federal Claims provides the following comprehensive outline to proving a Type I differing site condition: In addition to making a threshold showing of timely and proper notice, a contractor seeking to “establish entitlement to an equitable adjustment by reason of a Type 1 differing site condition must prove, by a preponderance of the evidence, ‘that theUNBALANCED BIDDING
Unbalanced bidding is where a bidder places a high price on some items and a low price on other items in a unit price contract. The courts have observed that, “bid pricing involves subjective business judgments and that comparison of a competitor’s prices with one’s own prices is not by itself sufficient to establish that a bid is unbalanced.” Ultra Technology Corp., B-230309.6, 89-1EXTENDED OVERHEAD
Job-Site Overhead A well-recognized method of proving extended job site overhead is to derive a daily rate by dividing the total job site overhead costs by the total number of days of performance and then multiplying the daily rate by the number of days of delay. Shirley Contracting Corp., ASBCA No. 29848, 85 – 1 BCA ¶ 17,858 (1985) ; Kemmons-Wilson, Inc., ASBCA No. 16167, 72 – 2 BCA 9689 MATERIAL COST ESCALATION AND WAYS FOR CONTRACTORS TO BEAT Material Price Escalation Clauses. Some contracts include a material price escalation clause that allows the parties to adjust the price based on an agreed-upon metric. For example, the measure could be the difference between the price quoted at bid time and the price of the material when delivered if the price change exceeds an agreed-upon BUY AMERICAN ACT FLOWCHART On January 19, 2021, the FAR Council issued a final rule that makes substantial changes to the FAR’s Buy American requirements in accordance with Executive Order 13881, “Maximizing Use of American-Made Goods, Products, and Materials.”CONSTRUCTIVE CHANGE
Constructive Change. In most all federal government contracts there is a Changes clause that permits the government to direct changes to certain specified requirements of the contract. A change issued pursuant to this clause is called a directed change. It is accomplished through a formal directive issued by the contractingofficer.
TEAMING VS. JOINT VENTURING The “team” is set up before the bidding/proposal process, the contractors work together on the bid/proposal, and the procuring agency is made aware of the “team” prior to the source selection process. The teaming agreement is customarily submitted as part of the bid/proposal itself. In comparison, joint venturing is when twocompanies
ENTITLEMENT TO PROFIT ON DELAY CLAIMS Entitlement to Profit on Delay Claims Under the “Changes” clause, a contractor would be entitled to profit as an element of its quantum recovery if delays are compensable. Owen L. Schwam Construction Co., Inc., ASBCA No. 22407, 79 – 2 BCA ¶ 13919. Under the “Suspension of Work” clause, however, profit on the delay damages is expressly prohibited as an element of quantum. The BoardsCOHEN SEGLIAS
Cohen Seglias Promotes Three Construction Attorneys to Partners. We are excited to announce the promotions of Daniel Fierstein, Kathleen Morley, and Jackson Nichols to the firm’s partnership, effective January 1, 2021. Dan, Kathleen, and Jackson are all members of the firm’s Construction Group. Continue Reading Meet Our Team. 2021 CONSTRUCTION FORECAST: THE ROAD TO RECOVERYSEE MORE ONCOHENSEGLIAS.COM
DIFFERING SITE CONDITIONS Type I Elements: The Court of Federal Claims provides the following comprehensive outline to proving a Type I differing site condition: In addition to making a threshold showing of timely and proper notice, a contractor seeking to “establish entitlement to an equitable adjustment by reason of a Type 1 differing site condition must prove, by a preponderance of the evidence, ‘that theUNBALANCED BIDDING
Unbalanced bidding is where a bidder places a high price on some items and a low price on other items in a unit price contract. The courts have observed that, “bid pricing involves subjective business judgments and that comparison of a competitor’s prices with one’s own prices is not by itself sufficient to establish that a bid is unbalanced.” Ultra Technology Corp., B-230309.6, 89-1EXTENDED OVERHEAD
Job-Site Overhead A well-recognized method of proving extended job site overhead is to derive a daily rate by dividing the total job site overhead costs by the total number of days of performance and then multiplying the daily rate by the number of days of delay. Shirley Contracting Corp., ASBCA No. 29848, 85 – 1 BCA ¶ 17,858 (1985) ; Kemmons-Wilson, Inc., ASBCA No. 16167, 72 – 2 BCA 9689 MATERIAL COST ESCALATION AND WAYS FOR CONTRACTORS TO BEAT Material Price Escalation Clauses. Some contracts include a material price escalation clause that allows the parties to adjust the price based on an agreed-upon metric. For example, the measure could be the difference between the price quoted at bid time and the price of the material when delivered if the price change exceeds an agreed-upon BUY AMERICAN ACT FLOWCHART On January 19, 2021, the FAR Council issued a final rule that makes substantial changes to the FAR’s Buy American requirements in accordance with Executive Order 13881, “Maximizing Use of American-Made Goods, Products, and Materials.”CONSTRUCTIVE CHANGE
Constructive Change. In most all federal government contracts there is a Changes clause that permits the government to direct changes to certain specified requirements of the contract. A change issued pursuant to this clause is called a directed change. It is accomplished through a formal directive issued by the contractingofficer.
TEAMING VS. JOINT VENTURING The “team” is set up before the bidding/proposal process, the contractors work together on the bid/proposal, and the procuring agency is made aware of the “team” prior to the source selection process. The teaming agreement is customarily submitted as part of the bid/proposal itself. In comparison, joint venturing is when twocompanies
ENTITLEMENT TO PROFIT ON DELAY CLAIMS Entitlement to Profit on Delay Claims Under the “Changes” clause, a contractor would be entitled to profit as an element of its quantum recovery if delays are compensable. Owen L. Schwam Construction Co., Inc., ASBCA No. 22407, 79 – 2 BCA ¶ 13919. Under the “Suspension of Work” clause, however, profit on the delay damages is expressly prohibited as an element of quantum. The Boards DIFFERING SITE CONDITIONS Type I Elements: The Court of Federal Claims provides the following comprehensive outline to proving a Type I differing site condition: In addition to making a threshold showing of timely and proper notice, a contractor seeking to “establish entitlement to an equitable adjustment by reason of a Type 1 differing site condition must prove, by a preponderance of the evidence, ‘that theEXTENDED OVERHEAD
Job-Site Overhead A well-recognized method of proving extended job site overhead is to derive a daily rate by dividing the total job site overhead costs by the total number of days of performance and then multiplying the daily rate by the number of days of delay. Shirley Contracting Corp., ASBCA No. 29848, 85 – 1 BCA ¶ 17,858 (1985) ; Kemmons-Wilson, Inc., ASBCA No. 16167, 72 – 2 BCA 9689 2021 HABITAT FOR HUMANITY PHILADELPHIA BUILDING HOPE As a longtime supporter of Habitat for Humanity Philadelphia and its mission to build strength, stability, and self-reliance through shelter, Cohen Seglias was proud to sponsor their Building Hope Virtual Lunch-In on May 4. The Building Hope Lunch is Habitat Philadelphia’s signature annual event that celebrates community, highlights their work and partnerships, and shares the success of theUNBALANCED BIDDING
Unbalanced bidding is where a bidder places a high price on some items and a low price on other items in a unit price contract. The courts have observed that, “bid pricing involves subjective business judgments and that comparison of a competitor’s prices with one’s own prices is not by itself sufficient to establish that a bid is unbalanced.” Ultra Technology Corp., B-230309.6, 89-1 CAN I GO BACK TO COLLEGE IN PERSON IF I’M NOT FULLY Now that the COVID -19 vaccine is more accessible to young people, many students are wondering when college life will go back to normal. COHEN SEGLIAS ATTORNEYS NAMED TO THE 2021 PENNSYLVANIA Numerous Cohen Seglias attorneys were selected to the 2021 Pennsylvania Super Lawyers and Rising Stars lists. MATERIAL COST ESCALATION PACKAGE Our CCRM Group has prepared sample notice letters for use on jobs where construction has or is about to resume under pre-existingcontracts.
SBA ISSUES NEW GUIDANCE ON LOAN FORGIVENESS AND OTHER By: Marc Furman, Jonathan Landesman, and Marc B. Cytryn. As first discussed in our article, ”Keeping the Lights on During the COVID-19 Pandemic: The Paycheck Protection Program,” the Paycheck Protection Program (PPP) provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provided an unprecedented amount of federal funding for small businesses strugglingPRIVITY OF CONTRACT
The Tucker Act allows the United States Court of Federal Claims to render judgment upon any claim by or against, or dispute with, a contractor arising under section 10(a)(1) of the CDA, including a dispute concerning termination of contract. 28 U.S.C. § 1491(a)(2). Subcontractors, however, generally do not have the right to seek and collect contract damages from the government pursuant to the NUCA: INDUSTRY PANEL DISCUSSION NUCA’s Analysis of the Current Market Supply Crisis In recent months, NUCA members have experienced delays in the delivery of steel joists, insulation, stainless steel, copper, brass, and PVC piping. These unexpected additional costs are wreaking havoc on existing and pending projects. What is behind this crisis—and what can NUCA members do? Please join NUCA’s industry professionals forCOHEN SEGLIAS
Cohen Seglias Promotes Three Construction Attorneys to Partners. We are excited to announce the promotions of Daniel Fierstein, Kathleen Morley, and Jackson Nichols to the firm’s partnership, effective January 1, 2021. Dan, Kathleen, and Jackson are all members of the firm’s Construction Group. Continue Reading Meet Our Team. 2021 CONSTRUCTION FORECAST: THE ROAD TO RECOVERYSEE MORE ONCOHENSEGLIAS.COM
DIFFERING SITE CONDITIONS Type I Elements: The Court of Federal Claims provides the following comprehensive outline to proving a Type I differing site condition: In addition to making a threshold showing of timely and proper notice, a contractor seeking to “establish entitlement to an equitable adjustment by reason of a Type 1 differing site condition must prove, by a preponderance of the evidence, ‘that the MATERIAL COST ESCALATION AND WAYS FOR CONTRACTORS TO BEAT Material Price Escalation Clauses. Some contracts include a material price escalation clause that allows the parties to adjust the price based on an agreed-upon metric. For example, the measure could be the difference between the price quoted at bid time and the price of the material when delivered if the price change exceeds an agreed-uponLIQUIDATED DAMAGES
Liquidated damages are a fixed amount set forth in a contract by an agency to compensate the agency for unexcused delay in the performance of the contract. The purpose of the liquidated damages clause is to establish, in advance, a reasonable estimate of the damages that would be incurred by the agency if there is an unexcused delay, or a breach of contract, which causes the work to be DIFFERING SITE CONDITIONS CLAUSE This clause places the risk of unknown site conditions (sometimes referred to as “changed conditions”) on the government. The purpose of the clause is to avoid having contractors place contingencies in their bids for unknown subsurface or other physical site conditions. There are two types of differing site conditions and these are sometimes referred to as “Type I” and “Type II SAMPLE NOVATION AGREEMENT A. The Parties Agree to the Following Facts: The Government, represented by various Contracting Officers, has entered into certain contracts and purchase orders with the Transferor, all as set forth in the attached list marked “Exhibit A” to this Agreement and herein incorporated by reference. The term “Contracts” as used in this ETHICS IN FEDERAL GOVERNMENT CONTRACTING Ethics in Federal Government Contracting In view of recent changes to the Federal Acquisition Regulation that impose new requirements relating to ethics in federal government contracting, it is crucial for government contractors to be vigilant in their adherence to all laws and regulations. It is also important for government contractors to implement a Code of Business Ethics and Conduct and ENTITLEMENT TO PROFIT ON DELAY CLAIMS Entitlement to Profit on Delay Claims Under the “Changes” clause, a contractor would be entitled to profit as an element of its quantum recovery if delays are compensable. Owen L. Schwam Construction Co., Inc., ASBCA No. 22407, 79 – 2 BCA ¶ 13919. Under the “Suspension of Work” clause, however, profit on the delay damages is expressly prohibited as an element of quantum. The Boards BUY AMERICAN ACT FLOWCHART On January 19, 2021, the FAR Council issued a final rule that makes substantial changes to the FAR’s Buy American requirements in accordance with Executive Order 13881, “Maximizing Use of American-Made Goods, Products, and Materials.”COHEN SEGLIAS
Cohen Seglias Promotes Three Construction Attorneys to Partners. We are excited to announce the promotions of Daniel Fierstein, Kathleen Morley, and Jackson Nichols to the firm’s partnership, effective January 1, 2021. Dan, Kathleen, and Jackson are all members of the firm’s Construction Group. Continue Reading Meet Our Team. 2021 CONSTRUCTION FORECAST: THE ROAD TO RECOVERYSEE MORE ONCOHENSEGLIAS.COM
DIFFERING SITE CONDITIONS Type I Elements: The Court of Federal Claims provides the following comprehensive outline to proving a Type I differing site condition: In addition to making a threshold showing of timely and proper notice, a contractor seeking to “establish entitlement to an equitable adjustment by reason of a Type 1 differing site condition must prove, by a preponderance of the evidence, ‘that the MATERIAL COST ESCALATION AND WAYS FOR CONTRACTORS TO BEAT Material Price Escalation Clauses. Some contracts include a material price escalation clause that allows the parties to adjust the price based on an agreed-upon metric. For example, the measure could be the difference between the price quoted at bid time and the price of the material when delivered if the price change exceeds an agreed-uponLIQUIDATED DAMAGES
Liquidated damages are a fixed amount set forth in a contract by an agency to compensate the agency for unexcused delay in the performance of the contract. The purpose of the liquidated damages clause is to establish, in advance, a reasonable estimate of the damages that would be incurred by the agency if there is an unexcused delay, or a breach of contract, which causes the work to be DIFFERING SITE CONDITIONS CLAUSE This clause places the risk of unknown site conditions (sometimes referred to as “changed conditions”) on the government. The purpose of the clause is to avoid having contractors place contingencies in their bids for unknown subsurface or other physical site conditions. There are two types of differing site conditions and these are sometimes referred to as “Type I” and “Type II SAMPLE NOVATION AGREEMENT A. The Parties Agree to the Following Facts: The Government, represented by various Contracting Officers, has entered into certain contracts and purchase orders with the Transferor, all as set forth in the attached list marked “Exhibit A” to this Agreement and herein incorporated by reference. The term “Contracts” as used in this ETHICS IN FEDERAL GOVERNMENT CONTRACTING Ethics in Federal Government Contracting In view of recent changes to the Federal Acquisition Regulation that impose new requirements relating to ethics in federal government contracting, it is crucial for government contractors to be vigilant in their adherence to all laws and regulations. It is also important for government contractors to implement a Code of Business Ethics and Conduct and ENTITLEMENT TO PROFIT ON DELAY CLAIMS Entitlement to Profit on Delay Claims Under the “Changes” clause, a contractor would be entitled to profit as an element of its quantum recovery if delays are compensable. Owen L. Schwam Construction Co., Inc., ASBCA No. 22407, 79 – 2 BCA ¶ 13919. Under the “Suspension of Work” clause, however, profit on the delay damages is expressly prohibited as an element of quantum. The Boards BUY AMERICAN ACT FLOWCHART On January 19, 2021, the FAR Council issued a final rule that makes substantial changes to the FAR’s Buy American requirements in accordance with Executive Order 13881, “Maximizing Use of American-Made Goods, Products, and Materials.”LIQUIDATED DAMAGES
Liquidated damages are a fixed amount set forth in a contract by an agency to compensate the agency for unexcused delay in the performance of the contract. The purpose of the liquidated damages clause is to establish, in advance, a reasonable estimate of the damages that would be incurred by the agency if there is an unexcused delay, or a breach of contract, which causes the work to be COHEN SEGLIAS RANKED SEVENTH IN NATION BY CONSTRUCTION Cohen Seglias was once again ranked among the top national construction law firms in Construction Executive's "Top 50 Law Firms"list.
ORDER OF PRECEDENCE
A typical Order of Precedence clause provides: In case of a difference between drawings and specifications, the specifications shall govern. In case of discrepancy either in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such aLOSS OF EFFICIENCY
Loss of Efficiency. When a contractor claims loss of labor efficiency/productivity, it contends, in essence, that its ability to perform a particular work activity was impaired by government action for which the government must bear responsibility. Necessary to the success of such a claim is a demonstration by the contractor of anormal or
DIFFERING SITE CONDITIONS Type I Elements: The Court of Federal Claims provides the following comprehensive outline to proving a Type I differing site condition: In addition to making a threshold showing of timely and proper notice, a contractor seeking to “establish entitlement to an equitable adjustment by reason of a Type 1 differing site condition must prove, by a preponderance of the evidence, ‘that the COHEN SEGLIAS ATTORNEYS NAMED TO THE 2021 PENNSYLVANIA Numerous Cohen Seglias attorneys were selected to the 2021 Pennsylvania Super Lawyers and Rising Stars lists. DIFFERING SITE CONDITIONS CLAUSE This clause places the risk of unknown site conditions (sometimes referred to as “changed conditions”) on the government. The purpose of the clause is to avoid having contractors place contingencies in their bids for unknown subsurface or other physical site conditions. There are two types of differing site conditions and these are sometimes referred to as “Type I” and “Type II 2021 HABITAT FOR HUMANITY PHILADELPHIA BUILDING HOPE As a longtime supporter of Habitat for Humanity Philadelphia and its mission to build strength, stability, and self-reliance through shelter, Cohen Seglias was proud to sponsor their Building Hope Virtual Lunch-In on May 4. The Building Hope Lunch is Habitat Philadelphia’s signature annual event that celebrates community, highlights their work and partnerships, and shares the success of the MATERIAL COST ESCALATION PACKAGE Our CCRM Group has prepared sample notice letters for use on jobs where construction has or is about to resume under pre-existingcontracts.
CAN I GO BACK TO COLLEGE IN PERSON IF I’M NOT FULLY Now that the COVID -19 vaccine is more accessible to young people, many students are wondering when college life will go back to normal.COHEN SEGLIAS
Cohen Seglias Promotes Three Construction Attorneys to Partners. We are excited to announce the promotions of Daniel Fierstein, Kathleen Morley, and Jackson Nichols to the firm’s partnership, effective January 1, 2021. Dan, Kathleen, and Jackson are all members of the firm’s Construction Group. Continue Reading Meet Our Team. DIFFERING SITE CONDITIONS Type I Elements: The Court of Federal Claims provides the following comprehensive outline to proving a Type I differing site condition: In addition to making a threshold showing of timely and proper notice, a contractor seeking to “establish entitlement to an equitable adjustment by reason of a Type 1 differing site condition must prove, by a preponderance of the evidence, ‘that theCONSTRUCTIVE CHANGE
Constructive Change. In most all federal government contracts there is a Changes clause that permits the government to direct changes to certain specified requirements of the contract. A change issued pursuant to this clause is called a directed change. It is accomplished through a formal directive issued by the contractingofficer.
DIFFERING SITE CONDITIONS CLAUSE This clause places the risk of unknown site conditions (sometimes referred to as “changed conditions”) on the government. The purpose of the clause is to avoid having contractors place contingencies in their bids for unknown subsurface or other physical site conditions. There are two types of differing site conditions and these are sometimes referred to as “Type I” and “Type IIMATTHEW R. SKAROFF
Associate. Philadelphia. mskaroff@cohenseglias.com. 267.238.4717. Overview. Matthew concentrates his practice in construction litigation and represents contractors, subcontractors, design professionals, owners, and other parties concerning private and public construction projects. He also has substantial experience in domestic andinternational
MATERIAL COST ESCALATION AND WAYS FOR CONTRACTORS TO BEAT Material Price Escalation Clauses. Some contracts include a material price escalation clause that allows the parties to adjust the price based on an agreed-upon metric. For example, the measure could be the difference between the price quoted at bid time and the price of the material when delivered if the price change exceeds an agreed-uponMISTAKE IN BID
The Federal Acquisition Regulations require that after the opening of bids, the contracting officer should examine all bids for possible mistakes. In federal government construction contracts, the procedures for dealing with mistakes in bids are far more lenient than those found in most state and local jurisdictions. Once a contracting officer is placed on notice of a possible mistake, the ENTITLEMENT TO PROFIT ON DELAY CLAIMS Entitlement to Profit on Delay Claims Under the “Changes” clause, a contractor would be entitled to profit as an element of its quantum recovery if delays are compensable. Owen L. Schwam Construction Co., Inc., ASBCA No. 22407, 79 – 2 BCA ¶ 13919. Under the “Suspension of Work” clause, however, profit on the delay damages is expressly prohibited as an element of quantum. The Boards TRADEOFF – PRICE/TECHNICAL In a best value procurement, it is the function of the source selection official to perform a price/non-price factor tradeoff, that is, to determine whether one proposal’s superiority under the non-price factor (or factors) is worth a higher price. A. G. Cullen Construction, Inc., B-284049.2, 2000 CPD ¶ 45 (Comp. Gen. Feb. 22, 2000). Accordingly, where the RFP identifies past performance BUY AMERICAN ACT FLOWCHART On January 19, 2021, the FAR Council issued a final rule that makes substantial changes to the FAR’s Buy American requirements in accordance with Executive Order 13881, “Maximizing Use of American-Made Goods, Products, and Materials.”COHEN SEGLIAS
Cohen Seglias Promotes Three Construction Attorneys to Partners. We are excited to announce the promotions of Daniel Fierstein, Kathleen Morley, and Jackson Nichols to the firm’s partnership, effective January 1, 2021. Dan, Kathleen, and Jackson are all members of the firm’s Construction Group. Continue Reading Meet Our Team. DIFFERING SITE CONDITIONS Type I Elements: The Court of Federal Claims provides the following comprehensive outline to proving a Type I differing site condition: In addition to making a threshold showing of timely and proper notice, a contractor seeking to “establish entitlement to an equitable adjustment by reason of a Type 1 differing site condition must prove, by a preponderance of the evidence, ‘that theCONSTRUCTIVE CHANGE
Constructive Change. In most all federal government contracts there is a Changes clause that permits the government to direct changes to certain specified requirements of the contract. A change issued pursuant to this clause is called a directed change. It is accomplished through a formal directive issued by the contractingofficer.
DIFFERING SITE CONDITIONS CLAUSE This clause places the risk of unknown site conditions (sometimes referred to as “changed conditions”) on the government. The purpose of the clause is to avoid having contractors place contingencies in their bids for unknown subsurface or other physical site conditions. There are two types of differing site conditions and these are sometimes referred to as “Type I” and “Type II MATERIAL COST ESCALATION AND WAYS FOR CONTRACTORS TO BEAT Material Price Escalation Clauses. Some contracts include a material price escalation clause that allows the parties to adjust the price based on an agreed-upon metric. For example, the measure could be the difference between the price quoted at bid time and the price of the material when delivered if the price change exceeds an agreed-uponMATTHEW R. SKAROFF
Associate. Philadelphia. mskaroff@cohenseglias.com. 267.238.4717. Overview. Matthew concentrates his practice in construction litigation and represents contractors, subcontractors, design professionals, owners, and other parties concerning private and public construction projects. He also has substantial experience in domestic andinternational
MISTAKE IN BID
The Federal Acquisition Regulations require that after the opening of bids, the contracting officer should examine all bids for possible mistakes. In federal government construction contracts, the procedures for dealing with mistakes in bids are far more lenient than those found in most state and local jurisdictions. Once a contracting officer is placed on notice of a possible mistake, the ENTITLEMENT TO PROFIT ON DELAY CLAIMS Entitlement to Profit on Delay Claims Under the “Changes” clause, a contractor would be entitled to profit as an element of its quantum recovery if delays are compensable. Owen L. Schwam Construction Co., Inc., ASBCA No. 22407, 79 – 2 BCA ¶ 13919. Under the “Suspension of Work” clause, however, profit on the delay damages is expressly prohibited as an element of quantum. The Boards TRADEOFF – PRICE/TECHNICAL In a best value procurement, it is the function of the source selection official to perform a price/non-price factor tradeoff, that is, to determine whether one proposal’s superiority under the non-price factor (or factors) is worth a higher price. A. G. Cullen Construction, Inc., B-284049.2, 2000 CPD ¶ 45 (Comp. Gen. Feb. 22, 2000). Accordingly, where the RFP identifies past performance BUY AMERICAN ACT FLOWCHART On January 19, 2021, the FAR Council issued a final rule that makes substantial changes to the FAR’s Buy American requirements in accordance with Executive Order 13881, “Maximizing Use of American-Made Goods, Products, and Materials.” COHEN SEGLIAS RANKED SEVENTH IN NATION BY CONSTRUCTION Cohen Seglias was once again ranked among the top national construction law firms in Construction Executive's "Top 50 Law Firms"list.
OUR PEOPLE | COHEN SEGLIAS Our attorneys are consistently recognized as top leaders in legal rankings such as Chambers USA, Best Lawyers, and Super Lawyers.MISTAKE IN BID
The Federal Acquisition Regulations require that after the opening of bids, the contracting officer should examine all bids for possible mistakes. In federal government construction contracts, the procedures for dealing with mistakes in bids are far more lenient than those found in most state and local jurisdictions. Once a contracting officer is placed on notice of a possible mistake, theUNBALANCED BIDDING
Unbalanced bidding is where a bidder places a high price on some items and a low price on other items in a unit price contract. The courts have observed that, “bid pricing involves subjective business judgments and that comparison of a competitor’s prices with one’s own prices is not by itself sufficient to establish that a bid is unbalanced.” Ultra Technology Corp., B-230309.6, 89-1LIQUIDATED DAMAGES
Liquidated damages are a fixed amount set forth in a contract by an agency to compensate the agency for unexcused delay in the performance of the contract. The purpose of the liquidated damages clause is to establish, in advance, a reasonable estimate of the damages that would be incurred by the agency if there is an unexcused delay, or a breach of contract, which causes the work to beLOSS OF EFFICIENCY
Loss of Efficiency. When a contractor claims loss of labor efficiency/productivity, it contends, in essence, that its ability to perform a particular work activity was impaired by government action for which the government must bear responsibility. Necessary to the success of such a claim is a demonstration by the contractor of anormal or
TRADEOFF – PRICE/TECHNICAL In a best value procurement, it is the function of the source selection official to perform a price/non-price factor tradeoff, that is, to determine whether one proposal’s superiority under the non-price factor (or factors) is worth a higher price. A. G. Cullen Construction, Inc., B-284049.2, 2000 CPD ¶ 45 (Comp. Gen. Feb. 22, 2000). Accordingly, where the RFP identifies past performance CONTINGENCIES IN FEDERAL CONTRACT BIDDING The government “does not knowingly permit contingency factors to be included in the prices in its fixed price contracts.” Ssangyong Trading Company, Ltd, ASBCA No. 21614, 79 – 1 BCA 13,810 ¶ 67,736. This is especially true where the contingency is to cover an event which is cognizable under the “Changes” or “Differing Site Conditions” clause. Any suggestion by the government ETHICS IN FEDERAL GOVERNMENT CONTRACTING Ethics in Federal Government Contracting In view of recent changes to the Federal Acquisition Regulation that impose new requirements relating to ethics in federal government contracting, it is crucial for government contractors to be vigilant in their adherence to all laws and regulations. It is also important for government contractors to implement a Code of Business Ethics and Conduct and EXCUSABLE AND NON-EXCUSABLE DELAYS Excusable Delays are delays that are unforeseeable and beyond the control of the contractor. Non-Excusable Delays are delays that are foreseeable or within the contractor’s control. Obviously, the distinction between these two is significant in that it determines which party is liable for the delay. Similarly, it also dictates whether or not a contractor would be entitled to a time extensionSkip to Content
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WE MOVED! COHEN SEGLIAS EXPANDS ITS PHILADELPHIA PRESENCE After 15 years at 30 South 17th Street, we are excited to announce our move to 1600 Market Street, where we occupy all of the 32nd floor and half of the 31st floor.Continue Reading
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New Partner Announcement COHEN SEGLIAS PROMOTES THREE CONSTRUCTION ATTORNEYS TO PARTNERS We are excited to announce the promotions of Daniel Fierstein, Kathleen Morley, and Jackson Nichols to the firm’s partnership, effective January 1, 2021. Dan, Kathleen, and Jackson are all members of the firm’s Construction Group.Continue Reading
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Seizure Safe Profile Eliminates flashes and reduces color __ This profile enables epileptic and seizure prone users to browse safely by eliminating the risk of seizures that result from flashing or blinking animations and risky color combinations. __OFF ON
Vision Impaired Profile Enhances the website's visuals __ This profile adjusts the website, so that it is accessible to the majority of visual impairments such as Degrading Eyesight, Tunnel Vision, Cataract, Glaucoma, and others. __OFF ON
Cognitive Disability Profile Assists with reading and focusing __ This profile provides various assistive features to help users with cognitive disabilities such as Autism, Dyslexia, CVA, and others, to focus on the essential elements of the website more easily. __OFF ON
ADHD Friendly Profile More focus and fewer distractions __ This profile significantly reduces distractions, to help people with ADHD and Neurodevelopmental disorders browse, read, and focus on the essential elements of the website more easily. __OFF ON
Blind Users (Screen-reader) Use the website with your screen-reader__
This profile adjusts the website to be compatible with screen-readers such as JAWS, NVDA, VoiceOver, and TalkBack. A screen-reader is software that is installed on the blind user’s computer and smartphone, and websites should ensure compatibility with it. NOTE: This profile prompts automatically to screen-readers. __OFF ON
Keyboard Navigation (Motor) Use the website with the keyboard __ This profile enables motor-impaired persons to operate the website using the keyboard Tab, Shift+Tab, and the Enter keys. Users can also use shortcuts such as “M” (menus), “H” (headings), “F” (forms), “B” (buttons), and “G” (graphics) to jump to specificelements.
NOTE: This profile prompts automatically for keyboard users. __Content Adjustments
__ Content Scaling
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Default
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__ Readable Font
__ Highlight Titles
__ Highlight Links
__ Text Magnifier
__ Adjust Font Sizing__
Default
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__ Align Center
__ Adjust Line Height__
Default
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__ Align Left
__ Adjust Letter Spacing__
Default
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__ Align Right
Color Adjustments
__ Dark Contrast
__ Light Contrast
__ Monochrome
__ High Saturation
__ Adjust Text ColorsCancel
__ High Contrast
__ Adjust Title ColorsCancel
__ Low Saturation
__ Adjust Background ColorsCancel
Orientation Adjustments__ Mute Sounds
__ Hide Images
__ Read Mode
__ Reading Guide
__ Useful Links
Select an option Home Header Footer Main Content__ Stop Animations
__ Reading Mask
__ Highlight Hover
__ Highlight Focus
__ Big Black Cursor
__ Big White Cursor
HIDDEN_ADJUSTMENTS
Keyboard Navigation
Accessible Mode
Screen Reader AdjustmentsRead Mode
Cohen Seglias Pallas Greenhall & Furman PC__
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