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 »
Green procurement policy is a government contracting initiative that goes undetected by many small businesses and large contractors. There are several federal “green procurement” programs that encourage green purchasing. There are several federal “go green procurement” programs that encourage green purchasing. They include: the Green Procurement Program (GPP)Environmentally Preferable Purchasing (EPP),… Read more »
Filing a bid protest based upon allegations that the agency failed to conduct a proper price realism evaluation analysis can be tricky. The reason why government contractors fail in GAO protests is mostly because they find themselves arguing how the agency is supposed to conduct the price realism evaluation. An… Read more »
Government contractors often find themselves in a precarious position when they file a request for equitable adjustment (Government REA Contracting Act) but later made the argument that it meets the requirements of a Contract Disputes Act claim. Understanding the applicable laws can save contractors thousands in attorney fees when seeking… Read more »
When filing an appeal from a contracting officer’s final decision denying a demand for payment under the Contract Disputes Act of 1978 (CDA), 41 USC 7101-7109, in order for the appeals court to hear your case, it must have jurisdiction to hear it. A common mistake made by government… Read more »
Avoid Legal Landmines When Asserting that the Government Breached of Duty of Good Faith and Fair Dealing When Submitting Government Contract Claims. Government contractors often struggle with the next steps when the agency does act fairly in providing accurate CPARS ratings. In addition, some contractors are not fully aware of… Read more »
In government contracting, there are harsh rules about apparent authority. The issues usually arise when contractors follow directions of Program Managers and Contracting Officer Technical Representatives (COTR). Knowing the difference between actual and apparent authority can help you develop a better strategy when filing a contract claim against the government. Without… Read more »
Avoid Costly Legal Mistakes When Responding to the Agency’s Cure Notice. Issuing a cure notice can be viewed as the government’s decision that will ultimately lead to a default termination notice under the FAR. The first and best defense of a Cure Notice is not to receive one. When you receive a… Read more »
Under Section 12 of the Contract Disputes Act (CDA), government interest payments for CDA claims starts from the time the contracting Contract Disputes Act Interest Rates The rate of government interest payments for CDA claims is established by the Secretary of the Treasury. The interest rate generally changes every six months. This… Read more »
When it comes to government claims and supporting documentation to validate the claim, contractors are often faced with repetitive demands from the agency for receipts and other data to justify the submitted claim. Such frustration can also cause companies to make costly legal mistakes. Meeting the Legal Requirements of Government Claims… Read more »