Overcoming FAR Government Contractor Release of Claims Hurdles

During the performance of a federal project, a government contractor release of contract claims statement can blindside contractors. In good faith, they believe that once the agency gets the benefit of services that they will be paid. Cases show that is simply not true. Unfortunately, many appeals at the various boards… Read more »

Bid Bond Guarantee and SBA Surety Bonds

Many contractors have questions about a bid bond guarantee and SBA surety bonds and if their rejected bids can be protested on these grounds.  Many government contracts require some form of a surety guarantee or bond.  If your proposal does not comply with the solicitation requirement for a bid guarantee,… Read more »

Termination for Default Re Procurment Costs

When the federal government awards a contract, the Termination for Default Clause acts to the agency’s advantage in the end.When contractors attempt the appeal the agency’s default action, there are specific rules you must be aware of. One of them is paying damages to the government for Termination for Default reprocurement costs and… 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 »

Responding to FAR Cure Notice and Show Cause Letter

Termination for default cases on appeal often fails because the contractor’s response to a show cause notice for non performance or FAR cure notice letter were inadequate. You want to increase your chances of gaining the government’s trust while avoiding a termination for default.  When the government contracting agency issues you… 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 »

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 »