Small businesses involved in government contracting find themselves excluded from opportunities because of FAR sole source justification contracts . Government contract law allows federal agencies the opportunity award sole source contracts, so long as the explanation is reasonable, and does not violate other regulations.   Do Sole Source Justification Contracts Violate the… Read more »

In government contracting there are harsh rules about apparent authority. The issues usually arises when contractors follow directions of Program Managers and Contracting Officer Technical Representatives. Without a clear understanding of the basic rules, apparent authority arguments can have brutal impacts to a contractor claims against the government. What is… Read more »

The federal government’s termination for default for failure to make progress can occur when you fail to make satisfactory progress  toward completion of contract performance.  For commercial item government contracts , the  government should be allowed to demand adequate assurances that you will meet the contract terms. You must respond… Read more »

The Disputes clause incorporated into your contract, FAR 52.233-1, implements the Contract Disputes Act (CDA) certification requirement and prescribes limited government claims CDA certification language when you submit a contract claim against the federal government. Many cases are tried on the legal issues and not the merits. A thorough understanding of the… Read more »

Avoid Costly Mistakes When Refuting Contractor Performance Assessment Reporting System (CPARS Ratings.) When it comes to getting negative contractors ratings your most recent contract, there are very few contractors in federal procurement that never had some level of concern or disagreement with contractor Past Performance Information Retrieval System ratings (PPIRS Ratings) under the… Read more »

Can I Appear Pro Se in Government Contracts Litigation? Rather than hiring a government contracts attorney, some company owners attempt to file their own dispute against the federal government.  This is called appearing pro se – choosing to advocate on your own behalf than being represented by a lawyer.  Choosing to appear… Read more »

Whether contemplating filing a government protest, or intervening into a bid protest that is already filed, CEOs must make a quick decision.  Protest deadlines are very short, and there is not much time to think. Regardless of the decision, CEO’s must always make sure to get a debriefing – even… Read more »

Contractors that are a party to federal and DOD contracts can assert claims against the federal government. However, there are certain legal requirements to keep the claim intact. Defects in your claims submission can delay or sometimes even completely void the claim. Also, improperly submitted claims can prevent an appellate… Read more »

Bid protest filed at the Court of Federal Claims is considered a new protest and not a direct appeal of the Government Accountability Office’s protest decision. When considering a contractors’ decision to file a Bid Protest at COFC or GAO, there are times when a contractor’s risk of forfeiting revenues… Read more »

Avoid Costly Mistakes When Challenging the Agency’s Best Value Procurement Source Selection Process Sometimes government contractors may fall short of winning arguments challenging the agency’s source selection decision. Simply saying that the agency chose to go to the lowest price and not the better value of your contract will be… Read more »