Difference Between Actual vs Apparent Authority In Government Contracts?

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 »

Contract Termination for Failure to Make Progress

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 »

Appearing Pro Se Risks in Government Contracts Litigation

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 »

Government Protest CEO’s Quick Decision

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 »

Claims Against the Federal Government – Understanding the Basics

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 »

Contractors’ Decision to File a Bid Protest at COFC or GAO

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 »

FAR Source Selection Evaluation Board Decisions

Government contracting agencies’ Source Selection Board decisions often come under fire in bid protest when there is a large and complex acquisition.  The evaluation board helps the contracting officer to develop the source selection plan. The plan is supposed to evaluate bidders against the proposal evaluation criteria. However, government contracting agencies… Read more »