Challenging the Government CPARS Past Performance Evaluation Ratings

Theodore P. Watson, Esq. Knowing CPARs Rating rules can save thousands of dollars in attorney fees. The process for challenging your CPARS ratings must be correctly done and through the right channels. You cannot wait until you submit a government bid to then respond to adverse past performance evaluation decisions. … 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 »

FAR Source Selection Evaluation Board 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 proposal evaluation criteria. However, government contracting agencies… 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 »

Common Law Right of Set off in Government Contracts

The government has a federal common law right of set off 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… Read more »

Superior Knowledge Doctrine: 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 superior knowledge doctrine is based on the idea that where the government had knowledge of information that would affect… Read more »