When bringing a contract claim against the federal government, it is important to know if the claim you wish to assert is barred.  If it is, then you do not want to waste both time and money.  The government can raise various affirmative defenses that can lead to a finding… Read more »

When Do You Qualify for Quantum Meruit Contract Claims Against the Federal Government? Filing quantum meruit claims against the federal government can be confusing to businesses and individuals. Understanding what quantum meruit recovery damages are available to you under contract claims against the federal government is important.  Quantum meruit claims… Read more »

Are you considering a mineral rights or similar lease from the government on the Outer Continental Shelf  (OCSLA)? It is crucial to understand your potential liabilities and obligations that may arise from provisions not specifically stated in the contract and when you may have a breach of contract claim against… Read more »

Breach of Good Faith and Fair Dealing Standard In a recent decision, Metcalf Construction Company v. United States, the Federal Circuit appeared to relax the standard needed to find a breach of covenant of good faith and fair dealing with government contracts.  Metcalf involves a construction contract claims between the federal government… Read more »

When submitting government proposals, price reasonableness under the Federal Acquisition Regulation (“FAR”) is a highly contested issue. You have to avoid costly mistakes by assuming that the lowest price should get the award. The contracting agency has specific guidelines for evaluating pricing proposals. You should know the basics before submitting… Read more »

Giving the agency a reason to issue a cure notice can put your company at a great disadvantage. Responding to the government cure notice  should ring the bell of caution for many contractors. This is especially true for high-dollar value projects in construction and other industries. Failure to submit an adequate… Read more »

A FAR organizational conflict of interest  (OCI) occurs when a situation in the procurement process develops an unfair competitive advantage. Even the appearance of impropriety in government procurements can create a conflict. When companies fail to establish an OCI mitigation plan, the possibilities of a violation are increased. Hiring of Former Government Officials: If… Read more »

FAR Protest Difference in FAR 15 Discussions and Clarifications

When filing a GAO protest for contracting by negotiation there is a difference between FAR 15 discussions and clarifications. A successful bid protest can hinge upon your thorough understanding of the subtle differences. As its defense, the government will sometimes try to characterize a situation that would legally require meaningful discussions as… Read more »

GAO protests based on errors in government’s technical evaluation criteria of contractor proposals are very common. In order to prevail in a bid protest, a bid protest lawyer will have to show that the agency’s actions were unreasonable. Common approaches to challenging government contracting agencies’ technical evaluation criteria can range… Read more »

A common problem under the Contract Disputes Act of 1978 (CDA) when the subcontractor engages in subcontract with the General Contractor seeking pass through rights in the event of a claim against the federal government.  Pass through contract claims and rights in federal construction projects and service contracts can become a… Read more »