Articles By and About Our Attorneys
Note: Joseph J. Petrillo writes a column entitled "Federal Contract Law" for Government Computer News. These are cited with the title, "GCN" and the date. The text is available through links to the www.gcn.com web site.
ADR (Alternate Dispute Resolution)
Using ADR to Settle Government Contract Disputes, a Grant Thornton Executive Roundtable White Paper, November 7, 2001. (Contact Karen Powell for a copy of this paper.)
The Air Force has been a leader in promoting the use of ADR to resolve contract disputes. But have they gone too far? Mandatory ADR is too much of a good thing, by Karen D. Powell, GCN, July 2, 2001.
Presentation on the Federal ADR Initiative to Dispute Resolution Conference, by Karen D. Powell, April, 2001
Presentation on ADR to NCMA Twin Cities Chapter, by Karen D. Powell, May 1999.
Obstacles continue to hinder dispute resolution process - GCN May 27, 1996
Bid Protests, Claims & Disputes
Remember the A-12? Well, the dispute over its termination is still going on. Joseph J. Petrillo discusses the case that won't die in: A lesson in default terminations, GCN, April 21, 2003
What are the rules for evaluating past performance? Here's a summary of some recent GAO decisions. Judging Past Performance Can Be Vexing - By Karen Powell, GCN, May 26, 2003
What if your Government customer is making life miserable? Can you just walk away from the contract because of a bona fide dispute? The answer is probably not, as explained by Joseph J. Petrillo in the linked article: Why Contractors Must Work During Disputes - GCN, April 15, 2002
GAO plans protest rules revision - It's about time - GCN March 17, 2002
Outsourcing under OMB Circular A-76 is heating up, but displaced Federal workers are locked out of court. Court defines who can and cannot protest bids - September 17, 2001
Do you have a contract with the FAA, or want one? Then you need to know how to resolve bid protests and contract disputes at the FAA’s special office for alternative dispute resolution. The linked article by Joseph J. Petrillo discusses a decision by this group: Competition lives on but it can't cure all ills - GCN August 27, 2001
Pricing some line items high and others low is an old practice in Government contracting, and one which has become easier to get away with. Rules on Unbalanced Pricing Have Changed Significantly, by Joseph J. Petrillo, Government Contract Audit Report, July/Aug. 2001, page 16. Publisher is The Lyman Group, Suite 600, 1775 I St., NW, DC 20006
Do you think you have an idea about how to change your contract specifications, which will save the Government money? You can actually share in those savings, under a long-established Government program. In the linked article, Joseph J. Petrillo discusses a legal decision about this clause, in a case for one of the firm’s clients. Remember, this change proposal shares the savings - GCN November 20, 2000
Is there a problem with your past performance? Waiting until the next contract competition to resolve it might not work. The linked article by Joseph J. Petrillo discusses a line of GAO cases which limit an offeror’s opportunity to discuss past performance issues during a contract competition. Can we talk? Not as much as you think, GAO says - GCN June 5, 2000
Without action soon, a protest forum will disappear - GCN May 15, 2000
Has the Government made a mistake in evaluating your company’s past performance? It won’t be the first time that has happened. In the linked article, Joseph J. Petrillo discusses a case with multiple errors: Here's a lesson in how not to rate past performance - GCN April 3, 2000
Fairness scores a hat trick in appellate decisions - GCN June 14, 1999
New tack on contract disputes won't cure all ills - GCN May 24, 1999
Bid protests, while unpopular, benefit the process - GCN March 29, 1999
Are you wondering whether to go to the Board of Contract Appeals or the Court of Federal Claims with your Federal contract dispute? If so, you should know about the "election of remedies" doctrine discussed by Joseph J. Petrillo in the linked article. There's still no guarantee of a fair hearing in a contract dispute - GCN March 8, 1999
Chewing on recent GAO rulings leaves a bitter taste - GCN February 8, 1999
Bidders gradually gaining a voice in bid evaluation - GCN September 21, 1998
Do protests even make sense? One man's opinion. There will be fewer protests unless there are more - GCN July 27, 1998
For a letter to the editor about this column, click here
For another such letter, click here
Sometimes it seems that indefinite quantity contracts are so broad and vague that they are without limits. The linked article by Joseph J. Petrillo discusses a judicial decision, in a case involving one of the firm’s clients, which established some parameters. Court of Federal Claims dispenses just rulings so far - GCN February 9, 1998
Most Government contracts have an unusual clause permitting the Government to terminate the contract for its "convenience." In the linked article, Joseph J. Petrillo explores the limits of this power. From Torncello to Krygoski: 25 Years of the Government's Termination for Convenience Power, By Joseph J. Petrillo and William E. Conner, 7 Federal Circuit Bar Journal 337 (Winter 1997).
First bid decision by Federal Circuit Court is a promising start -GCN April 28, 1997
Is the Court of Federal Claims able to handle bid protests? New protest venue promises seasoned bid dispute reviews - GCN Jan. 13, 1997
Where to File The Protest? Implications of the Expanded Bid Protest Jurisdiction of The Court of Federal Claims, by Joseph J. Petrillo, Karen D. Powell, and William E. Conner, The Government Contractor, November 13, 1996.
Time is shorter on protests with GAO procedure changes - GCN September 23, 1996
Be smart; show up at a hearing if GAO invites you - GCN August 26, 1996
Schedules, Indefinite-Quantity Contracts and GWACs
New rules for "co-op" buying by the states and proposed rules for IFF and purchasing services are highlighted in this article by Joseph J. Petrillo: Much ado about GSA's federal supply schedules, GCN, June 16, 2003.
New rules required by Section 803 have revamped the way DoD buys certain services, but Joseph J. Petrillo wonders if they go far enough in: Competition without competition is out of control, GCN, Jan. 27, 2003
Many companies are taking advantage of GSA’s multiple award schedules. These vehicles provide an excellent way to expose Federal buyers to your products. But the schedules program is not perfect. Here is an article by Karen D. Powell discussing GSA’s Industrial Funding Fee. Is GSA"s Schedules Tail Wagging the Dog? - by Karen D. Powell, GCN December 16, 2002
Under new legal rules, it's much harder to protest the award of an order. But contractors denied a fair opportunity for task or delivery orders under multiple-award contracts have other rights. Joseph J. Petrillo discusses a case announcing contractor rights in: Competition is Required Even For Task Orders - GCN September 16, 2002
If you make a contract mandatory, you better use it - by Karen D. Powell, GCN February 18, 2002
If you have – or use -- a GSA Schedule contract, you are probably familiar with the "rule of three." But is it really a rule? Joseph J. Petrillo discusses a case with some interesting implications for this question: Court rules on the FAR's fuzzy language - GCN April 16, 2001
If you have a GSA Schedule contract, you may find yourself involved in a competition among schedule contractors. What rules apply to such competitions? Find out in the two linked articles by Joseph J. Petrillo: GAO decisions remake the rules for schedule buys - GCN August 7, 2000 and Procurement rules apply to FSS, but oddly - GCN Feb. 7, 2000
What if some of what you want to sell is on a schedule contract and some isn’t. The linked article by Joseph J. Petrillo discusses a pitfall you should be aware of.: Be wary of ordering incidentals on FSS contracts - GCN September 13, 1999
Congress issues a warning on task order contracts - GCN July 5, 1999
Does MAS have limits anymore, or is it an anti-competitive tool? - GCN Aug. 11, 1997
Performance-based contracting, taming order-driven contracts, and Iraq reconstruction: Joseph J. Petrillo talks about these in Three trends to watch for in federal procurement. GCN, May 5, 2003.
Contracting for homeland security has put new emphasis on indemnities. But it is instructive to see how problems with these have frustrated other contractors. Joseph J. Petrillo discusses this topic in: How an old contract came back to bite du Pont, GCN, Feb. 24. 2003.
Investors aren't the only ones who use audited financial statements; so do contracting officers. What are the implications of recent scandals involving public companies? Joseph J. Petrillo discusses these in: Financial Statements - Who should Feds trust? - GCN, August 9, 2002
This article discusses the procurement practices at the Transportation Security Agency during its first six months or existence. Is it a harbinger of things to come at the new Department of Homeland Security? Why Doesn't New Safety Agency Use Its Buying Power, by Karen D. Powell, GCN, May 6, 2002
How do Government contractors deal with national security crises? One way is through the priorities system. The linked article by Joseph J. Petrillo discusses this old, but newly-relevant, program: Time to Dust Off Emergency Procurement Rules - GCN November 5, 2001
Enormous amounts of money are spent using Government purchase cards, but is it being spent wisely? Federal credit card invoices don't list all costs - GCN June 18, 2001
New rules on unbalanced bidding; a companion to the article in GCAR, above. Bid evaluation now requires a new balancing act - GCN October 23, 2000
Few jurists influenced Government contract law more than Judge Oscar H. Davis. Time to remember a judge who cast a long shadow - GCN August 21, 2000
Supreme Court upholds whisteblowers' rights - GCN June 19, 2000
Discussion of a great web site which is now at www.PubKLaw.com Web site offers a forum for discussing contract law - GCN April 24, 2000
Contract categories don't always tell the full story - GCN October 25, 1999
When are units prices in a Government contract public information? The linked article by Joseph J. Petrillo & Powell discusses an important court decision under the Freedom of Information Act. Are unit prices public information or are they not? - GCN July 26, 1999
FAR Part 15 rewrite: Agencies must interpret the new language of FAR - GCN October 26, 1998
Lease-to-ownership has been one way the Government has used to acquire information technology. The linked article by Joseph J. Petrillo discusses an LTOP contract gone awry. Unclear contracts can spell trouble down the road - GCN October 12, 1998
Is is too late? Can Justice rein in Microsoft now? - GCN June 22, 1999
Get rid of the termination-for-convenience clause - GCN May 4, 1998
Sometimes it makes sense to say it with flowers, not e-mail - GCN July 14, 1997
Agencies, vendors will likely favor simpler buying integrity rules -GCN February 10, 1997
The Supreme Court rarely decides Government contract cases. But two decisions in rapid succession remade the law on takings and free speech, as Joseph J. Petrillo discusses in the linked article. Latest decisions by Supreme Court are boon to contractors - GCN Aug. 5, 1996
Supreme Court rules agencies need not protect contractors - GCN June 24, 1996
Expect vendors to modify products slightly for agencies - GCN April 29, 1996
"The Mother of All Healthcare Contracting," by Joseph J. Petrillo, Military Medical Technology, Vol. 3, Issue 6, 1999. (Temporarily unavailable on the Internet. Contact us for a copy)
"Opportunities and Pitfalls in Healthcare Partnerships With Federal Agencies," by Karen D. Powell and Joseph J. Petrillo, Washington Business Journal, July 31-August 6, 1998.
"The Real Cost of Micromanagement," by Joseph J. Petrillo, Business & Health, September 1997.
"No Excuse for Medicare Overbilling", Karen D. Powell and Joseph J. Petrillo, Letter to the Editor, Wall Street Journal, September 11, 1997.
"Heads I Win, Tails You Lose," a critique of a GAO report on CHAMPUS MCS contracting, by Joseph J. Petrillo, U.S. Medicine.
Information Technology Contracting
This article discusses the history of the Government's software licensing clauses, and new proposed changes to the FAR data rights clause. FAR Change Could Be Throwback to Old-Style Software Licensing - by Karen D. Powell, GCN, July 7, 2003.
Joseph J. Petrillo reminisces about changes in the procurement system for IT over the past 15 years. Remember when CICA, GSBCA held sway? - GCN, November 4, 2002
Licensing software to a Federal agency can be perilous. Know What Your Software Rights Are -- And Are Not - by Karen D. Powell, GCN, July 1, 2002
If you sell information technology to the Federal Government you need to know about Section 508 rules on accessibility for the handicapped. One way to start is with the linked article by Joseph J. Petrillo: 508 is complex, but there's lots of guidance online - GCN July 23, 2001
If your contracts involve intellectual property rights, and you deal with the Department of Defense, you should read the linked articles by Joseph J. Petrillo about guidelines for commercial buys: DOD seeks to improve intellectual property buys - GCN May 7, 2001
If your contracts involve intellectual property rights, and you deal with the Department of Defense, you should also read the linked article by Joseph J. Petrillo about a rare decision interpreting the scope of "restricted rights." Navy learns that limited rights means just that - GCN March 18, 2001
Davis bill would give IT czar carrots, but no stick - GCN September 11, 2000
Government's use of Web has winners and losers - GCN March 6, 2000
The Y2K Act promises more than it can deliver - GCN August 30, 1999
Are Government contracts too big and too ambitious? One approach is modular contracting, discussed in the linked article by Joseph J. Petrillo: Modular contracting meets IT issues from FAR side - GCN June 1, 1998
It's about time to look at legalities of date code flaws - GCN March 9, 1998
Will Cohen changes improve government buying IT practices? - GCN April 1, 1996
GSBCA's opponents use flawed ideas to do away with board - GCN Feb. 5, 1996
Proposed DFARS Revisions on the Treatment of Computer Software: A Partial Success, by Karen D. Powell, Contract Management, March 1995.
In explaining federal buying, we can learn too - GCN May 21, 2001
International Exchanges Require Caution, by Karen D. Powell, Letter to the Editor, Government Computer News, May 8, 2000.
Procurement rules go global, but very slowly - GCN Jan. 10, 2000
When it comes to
buying, EC and U.S. are not so different - GCN
September 1, 1997
"Free and Open?" - Preferences for Domestic Products in International Procurements, Manager's Desk, by Karen D. Powell et al, Contract Management, June, 1991.
MDP (Multi-Discliplinary Practices)
"There Was More to Texas' Big Five Case", by Karen D. Powell, Letter to the Editor, Legal Times, February 28, 2000
Lawyers, accountants and beyond: ABA fee-splitting idea would spark multidisciplinary firms, by Richeny A. Shepherd, National Law Journal, June 21, 1999 (quotes Karen D. Powell).
ABA Position may boost solos, small firms, by Richeny A. Shepherd, National Law Journal, June 14, 1999 (quotes Karen D. Powell).
Soon-to-be-Released ABA Report Certain to Heighten Debate, by Siobhan Roth and Michael Riccardi, Legal Times, June 7, 1999 (quotes Karen D. Powell) .
Remarks of Karen D. Powell to the ABA Commission on Multidisciplinary practice, November 8, 1998
Presentation on Multidisciplinary Practice to the ABA's MDP Commission, November 8, 1998 (requires Microsoft Powerpoint)
Figuring procurement regs is a zero-sum game - GCN December 10, 2001
'99 shockers: contracts and acronyms run amok! - GCN January 11, 1999
Let me put contract lingo into plain English for you - GCN August 31, 1998
Of course the emperor has clothes--in Washington - GCN January 12, 1998
Bumper-sticker logic: the four myths of procurement reform - GCN July, 1996
Contemplating an outsourcing contract? Learn from the lessons of successful projects, described in the linked article by Joseph J. Petrillo: Try these Seven Steps to Guilt-Free Outsourcing - GCN, July 18, 2002
Expert Panel Tackles The A-76 Problem - GCN, May 22, 2002
At OFPP, Styles Brings Fresh Emphasis on A-76 - GCN August 13, 2001
Rules on outsourcing sometimes hinder the process - GCN May 3, 1999
Are the Feds courting uncivilized thoughts with private counsel - GCN May 26, 1997
Private vs. public? In contracting, the details are the deal - GCN July 28, 1997
Joseph J. Petrillo reports on an interesting speech in: Judge Daniels takes a 20 year view of reform - GCN October 7, 2002
Is procurement too reformed? Debate gets sharp - GCN, July 22, 2002
Important FAR changes for task and delivery order contracts and small businesses are discussed in the linked article by Joseph J. Petrillo: Looked closely at FAR lately? There are changes - GCN July 10, 2000
Interesting article about the procurement reform movement and its critics: Contract Killer, by Amanda Ripley, Corporate Counsel, March 27, 2000 (this link is to a copy of the article on the Legal Times website.)
Agencies must keep pace with latest buying rules - GCN April 12, 1999
A major change of the FAR Part 15 rewrite was to widen the scope of discussions. Few agencies seem to have taken advantage of this change, however. Revised FAR widens avenue for contract discussions - GCN November 23, 1998
All synonymous reform programs are not the same - GCN July 13, 1998
Procurement proposal stacks deck in agencies' favor - GCN April 20, 1998
Some procurements evaluate just price and past performance. Does this make sense? The benefits of past performance have been oversold - GCN March 23, 1998
For letters to the editor about this column click here.
The FAR Part 15 rewrite wasn't all clearness and light. FAR Part 15 rewrite leads to confusion as much as conclusion - GCN November 24, 1997
General article on the FAR Part 15 rewrite. In its final unveiling, FAR Part 15 rewrite has some of this, that - GCN October 27, 1997
The FAR debate rages over determinations of competitive range - GCN June 16, 1997
Some times and places people go to jail for things that procurement "reformers" are trying to make common practice. Crime or reform - It's all a matter of time and place - GCN Nov. 18, 1996
Contractors providing services to Federal Agencies need to pay prevailing wages to their employees working on the contract. This article discusses a new set of prevailing wage determinations issued late in 2001 and how the basis for calculating prevailing wages has changed. Watch Out For New Service Wage Determinations - By Karen D. Powell, GCN, October 8, 2001
Article on new EEO reporting rules: Labor eases up a bit on contractor reporting - GCN January 22, 2001
SCA exemptions retrenched: OFPP tightens up the labor rules on subcontracts - GCN October 2, 2000
If you're an old-time you may still remember the certification of "manufacturer" or "regular dealer" -- and all the problems they caused. FASA does away with Walsh-Healey vendor certifications - GCN Mar. 4, 1996
Small & Minority Business Issues
Recent problems have come to light in the way agencies report their small business contracting performance. Is Anything Small in Small Business IT Contracting? - By Karen Powell, GCN, March 24, 2003
Small companies face unique challenges in selling to the Federal Government. This article discusses the Government’s obligation to award 23% of its contracts to small businesses, and why it frequently misses the mark. Agencies only seem to meet small business goals - By Karen Powell, GCN, August 25, 2002
Are you a small concern being squeezed out of Government business by ever-larger, "bundled" contracts? Then read these two articles by Joseph J. Petrillo: Out-of-character SBA cracks down on bundling - GCN November 22, 1999 and Contract bundling remains a sizeable problem - GCN October 4, 1999
Interested in qualifying for the SBA’s HUBZone program? Read about the ground rules in the linked article by Joseph J. Petrillo: Low-income areas get a boost from SBA program - GCN August 9, 1999
If you are a small business or an 8(a) concern, you need to know about the major rewrite of SBA regulations discussed at : SBA redefines rules for 8(a)s and small businesses - GCN August 10, 1998
SBA proposes new minority preference rules for contractors -September 15, 1997
Unfortunately, this article turned out to be prophetic. Are small-business contractors part of an endangered species? -GCN March 3, 1997