Complex commercial litigation involves high-stakes and a wide array of litigation rules and procedure. Businesses often engage in disputes where the outcome involves large amounts of money, misuse of intellectual property, fraud and deceptive trade practices or even complex employee disputes. Individuals may need defense in complex commercial disputes litigation… 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 »

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 »