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 Setoff in Government Contracts

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 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 »

Price Reasonableness FAR 15.404 1 Evaluations & Bid Protests

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 Small Business Set Aside Rule of Two Cases

Better Understand the Basics of CICA Rule of Two Small Business Set Aside Decisions  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 very… Read more »