There is a recent trend increase in GAO bid protests for government contract pricing improper price realism evaluation and bidders’ technical proposals. Why is this becoming a problem? Some government contractors believe that the new generation of contracting personnel require more training or simply may require a more thorough understanding of the… Read more »

The Federal Prompt Payment Act (PPA), 31 USC 3901-3905 , ensures that federal agencies pay vendors for their invoices on time. However, not all government invoices paid on time. This not only creates a hardship; it also impacts the contractor’s ability to perform other contracts and meet other financial obligation. Prompt payment… Read more »

There are subtle differences between the government’s termination for convenience  (T4C) and FAR termination for default clause (sometimes referred to a FAR termination for cause) decisions. In each situation, the government’s interest is different. In a termination for convenience, the government wants to terminate the government regardless of fault, and when… Read more »

Importance of Your Technical Proposal When bidding on any federal government contract, your technical proposal generally carries the most weight. This section of the bid must detail your approach to various aspects of the solicitation’s requirements including staffing, understanding the requirements and providing detail that explains how you will actually perform… Read more »

Under what authority can the contracting officer terminate a contract for default or cause? When assessing costs associated with the Termination for Default Clause, you must first understand the government’s rights. Under government contracts law, if your contract contains the Default clause at 52.249-8, the Government has the right, subject to… Read more »

Covenant Not to Compete Definition in Colorado? Non compete agreement clause definition, restrictive covenants, or a covenant not to compete in Colorado is a contract by the restricted party (e.g. an employee) not to engage in business activity that is in competition with the other, protected party (e.g. an employer).  The covenant not to… Read more »

Meeting the Breached Definition is Essential to Winning Your Case What is Breach of Contract? The material breach of contract definition is one that goes directly to the crust of the agreement. When there is a dispute, then it not the time to claim that the alleged breach was material… Read more »

Definition  A unilateral contract is vastly different than a bilateral contract. The elements of a contract are previously discussed in our Contracts article.  There are two main types of contracts: bilateral and unilateral. A Promise for Performance. As comparing unilateral vs bilateral contract differences, a bilateral contract constitutes a promise for… Read more »

Contract attorneys should  help you to anticipate problems and be able to draft proper terms or advise you on whether or not to execute the contract or even what constitutes a breach of contract. For example, when you are starting a new business, many entrepreneurs decide to draft contracts from the… Read more »

Asserting the Right Affirmative Breach of Contract Defenses Can Win Your Case Affirmative defenses to breach of contract are important when another party files a case but you actually have a legal reason for not completing the contract. In contract litigation, there are certain affirmative breach of contract remedies you can assert at… Read more »