Quantum Meruit Recovery & Federal Government Contracts

When Do You Qualify for Quantum Meruit Contract Claims Against the Federal Government? Filing quantum meruit claims against the federal government can be confusing to businesses and individuals. Understanding what quantum meruit recovery damages are available to you under contract claims against the federal government is important.  Quantum meruit claims… Read more »

OCSLA Understanding Potential Liabilities & Obligations

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 »

Construction Breach of Covenant of Good Faith and Fair Dealing

Breach of Good Faith and Fair Dealing 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 covenant of good faith and fair dealing with government contracts.  Metcalf involves a construction contract claims between the federal government… Read more »

FAR Price Reasonableness Evaluations Protest — FAR 15.404-1

When submitting government proposals, price reasonableness under the Federal Acquisition Regulation (“FAR”) is a highly contested issue. You have to avoid costly mistakes by assuming that the lowest price should get the award. The contracting agency has specific guidelines for evaluating pricing proposals. You should know the basics before submitting… Read more »

Responding to Government Cure Notice

Giving the agency a reason to issue a cure notice can put your company at a great disadvantage. Responding to the government cure notice  should ring the bell of caution for many contractors. This is especially true for high-dollar value projects in construction and other industries. Failure to submit an adequate… Read more »

FAR Organizational Conflict of Interest

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 an OCI bid protest. If for some reason… Read more »

FAR Protest Difference in FAR 15 Discussions and Clarifications

FAR Protest Difference in FAR 15 Discussions and Clarifications

When filing a GAO protest for contracting by negotiation there is a difference between FAR 15 discussions and clarifications. A successful bid protest can hinge upon your thorough understanding of the subtle differences. As its defense, the government will sometimes try to characterize a situation that would legally require meaningful discussions as… Read more »

Technical Evaluation Criteria of Contractor Proposals in GAO Protests

GAO protests based on errors in 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 contracting agencies’ technical evaluation criteria can range… Read more »