As a contractor doing business with the federal government, there is often the question of whether there is a breach of contract claims against the government. Whether the answer is yes or no is left to the court. However, before you reach this phase you must first understand the basics… Read more »
Government contracting agencies will often have you sign a release of all claims under the contract. Contractors must be careful in understanding what exactly signing a waiver of claims means. Avoid Costly legal mistakes when signing government contract changes that contain release of claims clauses. When bringing a contract claim… 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 »
Are you considering a mineral rights or similar lease from the government on the Outer Continental Shelf (OCSLA)? It is crucial to understand your potential liabilities and obligations that may arise from provisions not specifically stated in the contract and when you may have a breach of contract claim against… Read more »
Breach of Duty Good Faith and Fair Dealings Standard In a recent decision, Metcalf Construction Company v. United States, the Federal Circuit appeared to relax the standard needed to find a breach of the expressed covenants of good faith and fair dealing with government contracts. Government contractors seeking to litigate… Read more »
When submitting government proposals, getting a fair and reasonable price in government contracts under the Federal Acquisition Regulation (“FAR”) is a highly contested issue. You have to avoid costly mistakes of assuming that the lowest price offeror should get the award or that the government has more than likely conducted… Read more »
Avoid Costly Mistakes When Responding to Government Cure Notices That Can Almost Guarantee a Termination for Default If you do not adequately respond to a government contract cure notice, your company could be at a great disadvantage because you are likely to receive a termination for default. In other words, although the… Read more »
OCI Organizational Conflict of Interest FAR Guidance Hiring of Former Government Officials If your company hires a former government official, it can be disqualified from a competition based upon the appearance of impropriety which is created by the hire. There is no requirement for an actual impropriety to be shown in… Read more »
When filing a GAO protest to challenge the award a contract for negotiated contract there is a difference between Federal Acquisition Regulation FAR Part 15 (FAR 15 discussions and clarifications). A successful bid protest can hinge upon your thorough understanding of the subtle differences in the federal acquisition procedures. As its… Read more »
GAO protests based on errors in the government’s technical evaluation criteria of contractor proposals are very common. In order to prevail in a bid protest, a bid protest lawyer will have to show that the agency’s actions were unreasonable. Common approaches to challenging government contract evaluation criteria can range from… Read more »