FAR Sole Source Justification Contracts CICA

Small businesses involved in government contracting find themselves excluded from opportunities because of FAR sole source justification contracts . Government contract law allows federal agencies the opportunity award sole source contracts, so long as the explanation is reasonable, and does not violate other regulations.   Do Sole Source Justifications Violate the Competition… Read more »

What is Apparent Authority In Government Contracts?

In government contracting there are harsh rules about apparent authority. The issues usually arises when contractors follow directions of Program Managers and Contracting Officer Technical Representatives (COTR). Without a clear understanding of the basic rules, apparent authority arguments can have brutal impacts to a contractor claims against the government. Appellate… Read more »

Contract Termination for Failure to Make Progress

The federal government’s termination for default for failure to make progress can occur when you fail to make satisfactory progress  toward completion of contract performance.  For commercial item government contracts , the  government should be allowed to demand adequate assurances that you will meet the contract terms. You must respond… Read more »

CDA Government Contract Claims Certification Language

The Disputes clause incorporated into your contract, FAR 52.233-1, implements the Contract Disputes Act (CDA) certification requirement and prescribes limited government claims CDA certification language when you submit a contract claim against the federal government. Many cases are tried on the legal issues and not the merits. The appellate process is a… Read more »

Appearing Pro Se Risks in Government Contracts Litigation

Can I Appear Pro Se in Government Contracts Litigation? Rather than hiring a government contracts attorney, some company owners attempt to file their own dispute against the federal government.  This is called appearing pro se – choosing to advocate on your own behalf than being represented by a lawyer.  Choosing to appear… Read more »

Government Protest CEO’s Quick Decision

Whether contemplating filing a government protest, or intervening into a bid protest that is already filed, CEOs must make a quick decision.  Protest deadlines are very short, and there is not much time to think. Regardless of the decision, CEO’s must always make sure to get a debriefing – even… Read more »

Claims Against the Federal Government – Understanding the Basics

Contractors that are a party to federal and DOD contracts can assert claims against the federal government. However, there are certain legal requirements to keep the claim intact. Defects in your claims submission can delay or sometimes even completely void the claim. Also, improperly submitted claims can prevent an appellate… Read more »

Contractors’ Decision to File a Bid Protest at COFC or GAO

Bid protest filed at the Court of Federal Claims is considered a new protest and not a direct appeal of the Government Accountability Office’s protest decision. When considering a contractors’ decision to file a Bid Protest at COFC or GAO, there are times when a contractor’s risk of forfeiting revenues… Read more »