This decision shows that legal issues when submitting an equitable adjustment can be a nightmare and cause the company to lose out of thousands of dollars. In a recent case, the Armed Services Board of Contract Appeals (ASBCA) ruled that it had no appellate jurisdiction to hear an equitable adjustment… Read more »
Import Points With FAR Latent Defects in Construction Federal Contracts The FAR 52.246 latent defect definition in federal government contracting is a hidden defect in the purchased material or the quality of the services (including construction) and worked performed. Latent defects in construction government construction projects for remedial work are common. A… Read more »
When the government issues a termination of contract for default for default, preserving your rights to appeal is one of the first things that a federal contractor must consider. What are your options? If you want to termination of contract decision to be completely overturned, you may want to ask… Read more »
Lawyers Appealing from COFC Federal Claims Protest Decisions to the Court of Appeals for the Federal Circuit In a recent case, the United States Court of Appeals for the Federal Circuit reversed a bid protest decision from the Court of Federal Claims because the appellant had failed to first exhaust… Read more »
Even as late as 2016, government contractors are still making costly mistakes when preparing and submitting contract claims against the government. Making sure that your claim contains the right information, and the required certification and gives the contracting officer reasonable notice of what you want and why, is critical to… Read more »
Choosing the right forum and framing your appeals case correctly can save you thousands in unnecessary litigation costs. When a contracting officer denies a claim under the Contract Disputes Act, filing an appeal to the Civilian Board of Contract Appeals (CBCA) would be the next step. Not all claims appeal cases against… Read more »
When submitting contractor claims to the federal government, businesses should be aware of the Contracting Officer authority to issue a final decision. 48 CFR 1.603 suggests that although the CO is appointed on a Standard Form 1402. Any limitations on the Contracting Officer authority must be stated on the form… Read more »
Avoid Costly and Painful Mistakes that Other Government Contractors Make With Performance of Contract Ratings. As a federal government contractor, your contractor past performance evaluation is recorded by having CPAR ratings under FAR Part 42. The Contractor Performance Assessment Reporting System (CPARS) might allow for valid reasons why the agency may have given… Read more »
Failure to Follow CDA Claims Filing Requirements Will Get the Appeal Dismissed If the Contracting Officer issues a final decision denying your contract claim against the government, you have rights to appeal the decision to the US Civilian Board of Contract Appeals (CBCA). However, there are specific rules of procedure… Read more »
Federal government contract types come in various forms. One of the most complex types is the cost-reimbursement contract. Federal courts have imposed False Claims Act liability for underbidding in cost-reimbursable contracts. United States ex rel. Loughren v. Unum Group, 613 F.3d 300, 310 (1st Cir. 2010). This kind of arrangement is somewhat… Read more »