Spent Nuclear Fuel: Government Partial Breach of Contract

Partial breach of contract occurs in many government contracts involving disposition of nuclear waste, particularly spent nuclear fuel.  Spent nuclear fuel (“SNF”) is “nuclear reactor fuel that has been used to the extent that it can no longer effectively sustain a chain reaction.”  These contracts involve the utility contractor purchasing… Read more »

Right of Setoff

The government has a federal common law right of setoff costs, also referred to as offset, to balance mutual debts and it can be used as a defense against a contractor to better reconcile competing claims.  It is important to understand, as a contractor, when the government may be able to… Read more »

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 »

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 »

Mandatory Disclosure Rule FAR 52.203-13

When it comes to the Mandatory Disclosure Rule (MDR) der FAR 52.203-13 many DOD contractors wonder what they must disclose to the government after contract award have been awarded the contract, if anything.  The bottom line is that if you are aware that there is evidence that you are not in compliance,… Read more »

Rules on Request for Proposal (RFP) & Government Solicitation Amendments

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 »

ASBCA Rules & Appeal Jurisdiction for Contractual Claims

Making sure that your government contract claim appeal is, and can be, heard by the proper body is critical.  If you file an appeal that cannot be heard, you are simply wasting time and money.  It is essential to make sure that ASBCA rules about jurisdiction and other statutory requirements… Read more »

US Export Administration Regulations EAR & Export Compliance and Penalties

Avoid Costly Mistakes With US Export Administration Regulations, EAR Compliance and Penalties If you are cited for violating the US Export Control  and commerce regulations, 15 CFR 730-774 (2007) (EAR), you can face both criminal and administrative penalties.  United States Export Administration Regulations are focused on keeping dangerous goods out of the… Read more »