The US Court of Appeals for the Federal Circuit (CAFC) ruled against the Court of Federal Claims decision on a Request for Equitable Adjustment Claim (REA) against Agility Defense for increased cost under the provisions of FAR 16.503. The Appeals from the Claims Court was due to denial of a government… Read more »

In a recent case, the US Federal Circuit Court of Appeals (CAFC)dismissed a case in part because the Plaintiff could not show privity of contract with the federal government. This is a costly mistake that companies should be aware of when they contemplate filing any type of case related to… Read more »

Brutal Government Contractor Mistake Cause Lost Appeal For Quantum Meruit at COFC. Government contractors often make the costly mistake of performing out of scope work without the expressed written permission of the contracting officer. Many contractors fail at the litigation stage because they do not understand the difference between quantum… Read more »

Latent Defects Definition The definition of a latent defect in government contracting is a hidden defect in the purchased material or the quality of the services (including construction) and worked performed. A huge problem with getting paid in government contracting is when the agency rejects payment due to final acceptance of… Read more »

Many contractors attempt to become an intervenor simply because they submitted a proposal to the government. Intervenor Legal Definition Intervention into a bid protest case means that the awardee, or some other interested party can become a party to the case and exercise its rights. Intervening requires compliance with a… Read more »

 A common dispute arises in federal government contracting as to whether a term extension for a GSA / FSS task order constitutes a new contract. The US Court of Appeals for the Federal Circuit ruled on this very issue in a recent case. The Court of Federal Claims (CFOC) in… 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 »

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 »

As a federal government contractor, your contract past performance is recorded by having CPAR ratings under FAR Part 42. The past performance evaluation system (PPIRS) is intended to develop a paperless reporting system that allows federal contractors to review and dispute information they believe is not accurate. The problem with CPARS… Read more »