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 »

Cost Accounting Standards CAS Exemptions and the Importance

Many government contracts are subject to cost accounting standards (“ CAS ”).  The nineteen CAS standards “govern the allocation of costs among the various contracts being performed by a government contractor.”  While many contracts are subject to CAS exemptions, many are not. The importance of cost accounting standards and the… Read more »

Commercial Off the Shelf COTS Items in Government Contracts

In government contracting, agencies sometimes buy commercial off the shelf items and services (COTS Items).  Simply put, when the government buys these commercial items or services, there is not much that must change. Getting involved in disputes with the government or engaging in bid protest litigation can create a huge burden on… Read more »

Urgent and Compelling Circumstances in Government Contracting

When government contracting agencies assert urgent and compelling circumstances, it is usually a predicate for override the Competition in Contracting Act (CICA Contracting) Automatic Stay or to justify a sole source award. Although agencies may heavily document its reasons, a successful bid protest can be possible if the contractor focused… Read more »

SBA Size Protest Timeliness

Meeting SBA size protest timeliness requirements can be a problem when you are not sure when the clock actually starts.  More importantly, filing an untimely size protest can eliminate your opportunity for a second chance at a government project.   In many situations, because there is confusion about when the… Read more »

Commercial Items Clause and FAR Market Research Requirements

Sometimes the government’s solicitation for commercial items substantially differs from customary commercial industry practices.  Companies seeking to bid on federal contracts could struggle with meeting the government’s FAR requirements. This can also create problems for bidders and even lead to a pre-award bid protest. If the federal government procures under… Read more »

IDIQ Contract & Government Contract Minimum Payment

IDIQ Task Order Contract – Dealing  With the Government Minimum Payment The United States federal government and its procurement agencies use a variety of  IDIQ contract vehicles to procure services and products. One typical example is the indefinite delivery / indefinite quantity IDIQ contract vehicle. What are IDIQ Contracts? When… Read more »

Sealed Bid Definition – Government Bids and Proposal Process

A sealed bid is a procurement method used in the government bid and proposal process to obtain government contracts.  Sealed bidding varies from traditional government proposals; it is important to understand the differences and the nuances that go along with a sealed bid. Sealed Bid Process Sealed bidding is primarily used for… Read more »

Government GAO Protest and Corrective Action Cost

Understand GAO’s Analysis in a Government Protest and Getting Agency Corrective Action Cost An issue arises in a government contract protest where the agency elects to take corrective action, and when, if ever, can a protestor recover costs when the agency takes too long to take corrective action. Many contractors… Read more »

FAR Cure Notice Letter Response & Show Cause Letter Tips

Termination for default cases on appeal often fail.  The general reason for such a failure rate is because your response to a show cause letter, FAR cure notice, or some version of a letter of concern in government contracting situations for non-performance is inadequate. Theodore P. Watson, Government Contracts Attorney… Read more »