Source Selection Evaluation Board Authority & Evaluation Decisions

Government contracting agencies’ Source Selection Board decisions often come under fire in bid protest when there is a large and complex acquisition.  The evaluation board helps the contracting officer to develop the source selection plan. The plan is supposed to evaluate bidders against the solicitation criteria. However, government contracting agencies make… Read more »

Spent Nuclear Fuel: Government Partial Breach of Contract

Partial breach of contract occurs in many government contracts involving disposition of nuclear waste, particularly spent nuclear fuel.  Spent nuclear fuel (“SNF”) is “nuclear reactor fuel that has been used to the extent that it can no longer effectively sustain a chain reaction.”  These contracts involve the utility contractor purchasing… Read more »

Right of Setoff

The government has a federal common law right of setoff costs, also referred to as offset, to balance mutual debts and it can be used as a defense against a contractor to better reconcile competing claims.  It is important to understand, as a contractor, when the government may be able to… Read more »

Superior Knowledge Claim: Government Breach of Contract

Contractors often have questions on the types of claims available to them.  One claim contractors can assert when trying to recover government breach of contract damages is a superior knowledge claim.  The doctrine of superior knowledge is based on the idea that where the government had knowledge of information that would… Read more »

Construction Breach of Covenant of Good Faith and Fair Dealing

Breach of Good Faith and Fair Dealing Standard In a recent decision, Metcalf Construction Company v. United States, the Federal Circuit appeared to relax the standard needed to find a breach of covenant of good faith and fair dealing with government contracts.  Metcalf involves a construction contract claims between the federal government… Read more »

FAR Price Reasonableness Evaluations Protest — FAR 15.404-1

When submitting government proposals, price reasonableness under the Federal Acquisition Regulation (“FAR”) is a highly contested issue. You have to avoid costly mistakes by assuming that the lowest price should get the award. The contracting agency has specific guidelines for evaluating pricing proposals. You should know the basics before submitting… Read more »

Protesting CICA Rule of Two Small Business Set Aside Cases

Avoid Costly Mistakes Protesting CICA Small Business Set Aside Decisions and SBA Rule of Two If you are considering protesting agencies’ small business set asides and their application of the SBA Rule of Two small business rules at GAO or Court of Federal Claims, you should be aware that this can be a… Read more »