When it comes to unduly restrictive language and government protests, to prevail in litigation, you first must understand the parameters in which the government contract write its requests for proposals. Many contractors wonder whether the government can unduly restrict competition. “Unduly restrictive Solicitations” means that you are challenging both the restrictive… Read more »
Given the increase in government contract and procurement fraud activity, in 2006, the National contract government procurement Fraud Task Force was formed to promote the early detection, identification, prevention, and prosecution of procurement contract fraud. Government contractors are more exposed to investigations and are finding themselves facing more criminal charges and jail… Read more »
When a government agency submits a request for proposal (“RFP”), the agency can make amendments and changes to the government solicitation requirements. The Federal Acquisition Regulation permits agencies to request revised government proposals, even where the original awardee’s price has been disclosed. Jackson Contractor Grp., B-402348.2 (2010). Agency Discretion with… Read more »
It is important to keep up with recent US FCPA cases so that you do not find yourself in a similar situation. In 2014 alone, the Securities and Exchange Commission (“SEC”) has charged major companies, such as Smith & Wesson and Hewlett-Packard, with violating the Foreign Corrupt Practices Act (“FCPA”). … Read more »
Federal government construction contractors often lose a considerable amount of money when the contracting officer denies a construction delay claims under the FAR Changes Clause. The first concern is to know whether your claim is actually a compensable claim or not. For example, under FAR construction regulations, all excusable delays will… Read more »
To get a government contract claim excused from performance due to defense to breach of contract of impossibility or commercial impracticability, you must inform the contracting officer early in the process. You cannot wait until the case is at the appeals level to bring it up. Failure to follow this simple… Read more »
When submitting construction contract claims against the Federal Government, or any service contract disputes, there are unique and dangerous rules and regulations that unaware companies. There is a common legal practice that many construction companies should be aware of. It is called preserving your right for a potential appeal…. Read more »
When Do You Qualify for Quantum Meruit Claim Recovery in Federal Government Contract Claims Against the Federal Government? If you have a written contract, this can be a tricky undertaking. Filing quantum meruit claims against the federal government can be confusing to businesses and individuals. Understanding what quantum meruit damages… Read more »
Recently, many contractors have questions about the grounds supporting a termination for default letter. When seeking to appeal default termination, the evidence, procedure, and how the court decides a case is essential to the litigation strategy. For example, when looking at the Termination for Default clause (T4D) of the contract,… Read more »
Making sure that your government contract claim appeal is, and can be, heard by the proper body is critical under Board of Contract Appeals ASBCA Rules. If you file an appeal that cannot be heard, you are simply wasting time and money. When the contracting officer issues a final decision,… Read more »