Termination for Default T4D Reprocurement Costs & Cancellation Charges

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 Contract Task Order & Government Minimum 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 is an IDIQ Contract?… Read more »

FAR Cure Notice Letter and Show Cause Letter

72% of contractors terminated for default lose on appeal because their responses to show cause letters and cure notice letters were deficient. Thus giving the contracting officer ammunition to terminate. When the agency issues you a cure notice or show cause letter, the groundwork for a termination for default is… 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 Scope of 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 »

Strategic Alliance Small Business Joint Ventures

Small businesses continue to use joint ventures as a strategic alliance to get larger government contracts.  There are various advantages and disadvantages of forming venture relationships. There are also specific rules that govern these alliances. Yet  small businesses continue to lose larger contracts due to increasing amounts of small business size… Read more »

Filing a Contract Claim Appeal Against the Government

After filing a contract claim against the government, you finally receive the bad news from the Agency – a denial of claims.  17% of contract claim against the government will be denied. In addition, 33.2 % of appeals to the Board shall be dismissed or denied either for lack of jurisdiction… Read more »

Prompt Payment Act – Government Construction Contracts

Being subject to the Federal Prompt Payment Act, 31 USC 3901-3905 (the “PPA” or “Act”) for government construction projects puts business owners in a financial strain when the government does not pay invoices on time.  The Act was enacted to facilitate early payment to contractors when work is timely performed… Read more »