Contractor & Government Sanctions Imposed by ASBCA or CBCA Boards

A board of contract appeal has the authority to impose sanctions, including government sanctions, on parties for unacceptable behavior.  While boards do not have the authority to impose monetary sanctions, federal courts, such as the Court of Federal Claims, can.  When a board imposes either contractor or government sanctions, the sanction… Read more »

Ostensible Subcontractor Rule Primary and Vital Requirements

Ostensible Subcontractor Rule:  Primary and Vital Contract Requirements By Theodore P. Watson, Esq. and Cheryl E. Adams, Esq. Prime’s Management of the Project is Critical When your company bids on a federal government contract as a small business, prime contractor management of the project under the ostensible agreement is essential… Read more »

Superior Knowledge Doctrine: Government Breach of Contract

Contractors often have questions on the types of claims available to them.  One claim contractors can assert when trying to recover government breach of contract damages is a superior knowledge claim.  The superior knowledge doctrine is based on the idea that where the government had knowledge of information that would affect… Read more »

Responsibility Determinations & Business Ethics Bid Protests

Getting non responsibility determinations can cripple your chances of winning a federal government contract. For example, when you submit a government proposal, your past experiences can sometimes take a toll on whether you get the award. More specifically, when the agency issues a non responsibility determination under the FAR for past… Read more »

Acceptance of Late Proposal Exception In GAO Bid Protest Rules

When it comes to GAO acceptance of late proposal submission exception in bid protests, many contractors wonder what happens if their Request for Proposal (“RFP”) submission is late and if there are any exceptions that allow for relief.  While it is an offeror’s responsibility to deliver its proposal to the proper… Read more »