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Weakened Dollar Causes Further Rise In TAA Thresholds

Client Alert | less than 1 min read | 01.04.10

Effective January 1, 2010, the U.S. Trade Representative has revised upward the contract dollar thresholds at which the Buy American Act restriction is waived for the supply of goods and services or construction material from "designated countries" (i.e., those countries that have signed the WTO Agreement on Government Procurement ("GPA") or other free trade agreement with the U.S.) (74 Fed. Reg. 68907, Dec. 29, 2009). Because the GPA thresholds are expressed in "Special Drawing Rights," the USTR adjusts the thresholds biennially and the U.S. dollar's continued weakness has resulted in the third straight increase, to $203,000 for goods and services and $7,804,000 for construction contracts.

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Client Alert | 1 min read | 08.10.26

ASBCA Denies Government Motion to Dismiss, Providing Key Guidance on Contractor Claim Standards Post-ECC International

In Appeal of Bahadir (a C&M case), the Armed Services Board of Contract Appeals denied the government’s motion to dismiss in its entirety, ruling in favor of the contractor on both key issues raised by the government. The case arises from a contract for construction work at Al Udeid Air Base in Qatar, under which Appellant alleged government-caused delay and filed certified prolongation claims using a “windows analysis” methodology. The government moved to dismiss, arguing that Appellant failed to state a sum certain for each of what the government characterized as 38 distinct claims, and separately that four claims had not been properly presented to the Contracting Officer. ...