Federal Construction Out of Scope Work 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 »

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 »

Understanding ITAR Compliance Requirement & ITAR EAR Certification Penalties

When it comes to understanding ITAR compliance requirements and compliance penalties, the Justice Department government has no doubt increased oversight for government contractors, commercial organizations, and individuals for potential ITAR EAR laws breaches and non-compliance with import-export regulations. Many companies relax their standards and many do not even have an ITAR Compliance Statement. However,… Read more »

Writing Winning Proposals

Writing winning proposals for the federal government is not an easy task. Both large and small businesses still struggle to compete in the federal marketplace.  However, a significant amount still fall short of winning.  The key to submitting a competitive proposal is to avoid doing things in the past that… Read more »

Government Project Proposal Writing Tips for Government Contractors

A government project proposal in government contracting usually includes construction bid proposals, or some other projects that have a very defined beginning and ending. When compared to service contracts, this the style of writing could vary. The gist of your project proposal is to convince the agency that your company if awarded… Read more »

Voidable Contract

Analyzing what is a voidable contract is sometimes confusing even sophisticated parties. For example, many recent construction cases involved instances where the contract between the contractor and the government was held by the ASBCA to be a voidable contract given various mistakes made by the contractor.  It is important for… Read more »