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 Contracts & Government Contract IDIQ Minimum Guarantee 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 Contract Dispute Claims Resolution

Although government contracting can be a lucrative business venture, contract dispute claims resolution with the government can sometimes be daunting and stressful. Oftentimes, businesses believe that they are doing ‘the right thing’ when the Contracting Office Representative orders them to perform extra work. Businesses may also believe that agencies will… Read more »

Federal Construction Out of Scope Work Changes & Constructive Changes

In government construction contracting, a general contractor often litigates contract disputes about construction scope of work changes but often finds after thousands in litigation costs, that it has either failed to follow FAR procedure or took a substandard technical approach to getting paid.  For large federal projects, the risk of losing… Read more »

SDVOSB Sole Source & Rule of Two

There is a lot of confusion among small businesses when applying Service Disabled Veteran Owned Small Business SDVOSB sole source and VA Rule of Two Small Business rules versus SDVOSB set aside requirements. As a result, there are many unsuccessful bid protests filed on this matter. SVOSB Sole Source Contracts  Generally, an agency contracting officer can… Read more »

FAR Part 16.2 Economic Price Adjustment Clause

Under the Federal Acquisition Regulations (FAR) “fixed-price government contracts with an economic price adjustment clause provides for upward and downward revisions of the stated contract price upon the occurrence of specified contingencies.” This is covered in FAR Part 16.203-1(a).  To establish a case or bid protest challenging the agency’s improper use of… Read more »

Equitable Subrogation and Miller Act Claims

When filing claims against the government, under the theory of equitable subrogation, there are some tricky rules of law in place. For example, in a recent Court of Federal Claims case, Fidelity and Guaranty Insurance Underwriters, et al. v. United States, No. 14-84 C (Nov. 19, 2014), the court ruled that under… Read more »

Federal Government Pricing For Defense Contracts

Federal Government pricing for defense contracts can be a nightmare for contractors that are not familiar with bidding on federal contracts. Even the larger and more experienced companies performing DOD contracts see the landmines when they engage in bid protest litigations.  For example, inadequate federal government pricing can to proposal… Read more »