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 »
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 »
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 »
Environmental cleanup costs incurred with government contracts can be extremely high when applying Public Law 85-804. It is important to understand when you, as a government contractor, are liable for these costs and when you may be able to recover them from the Federal Government, potentially saving you millions of dollars. Allowable… Read more »
Breach of Duty Good Faith and Fair Dealings 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 the expressed covenants of good faith and fair dealing with government contracts. Government contractors seeking to litigate… Read more »
When submitting government proposals, getting a fair and reasonable price in government contracts under the Federal Acquisition Regulation (“FAR”) is a highly contested issue. You have to avoid costly mistakes of assuming that the lowest price offeror should get the award or that the government has more than likely conducted… Read more »
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 small business set-aside Rule of Two at GAO or Court of Federal Claims, you should be aware that this can be a very… Read more »
Keep A Record of All Oustanding Claims Invoices Seeking Payment From The Federal Government When seeking payment for an outstanding claim invoice or claims from the federal government, you want to keep a copy of all invoices submitted. This is especially true for invoices over $100,000.00. Small businesses and large… Read more »
If you have performed work for the federal government and looking into the contract claims certification process under 41 USC 601, there are some basic things you should know. Failure to take the government claims process and FAR certification requirements seriously can cost you thousands or even millions in amounts… Read more »
When you as a government contractor decide to file a bid protest that challenges the agency’s LPTA contract evaluation of your proposal, there is a striking difference between a government solicitation that will be evaluated on a lowest price technically acceptable (LPTA Government Contracts) source selection process versus a proposal… Read more »