Termination for Default Government Contracts Clause

Avoid Costly Legal Mistakes When the CO terminates your contract for default. Under the  FAR Termination for Default Clause in a contract, the government can exercise its right to completely or partially terminate a contract because of the contractor’s actual or anticipated failure to perform its contractual obligations or even failure to… Read more »

Defective Specifications & Construction Defect Contract Claims

When arguing or negotiating construction defect claims for defective specifications in federal government contract claims, companies must show that such defective specifications are not suitable for producing the required result. These are very fact specific situations that must be first introduced at the Agency level. Contractors often make the costly mistake of introducing new… 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 »

SDVOSB Sole Source Threshold & Rule of Two

There is a lot of confusion among small businesses when applying Service Disabled Veteran Owned Small Business SDVOSB sole source and VA Rule of Two Small Business rules versus SDVOSB set aside requirements. As a result, there are many unsuccessful bid protests filed on this matter. SVOSB Sole Source Contracts & Threshold  Generally, an agency contracting… Read more »

Strategic Alliance Small Business Joint Ventures

Small businesses continue to use joint ventures as a strategic alliance to get larger government contracts.  There are various advantages and disadvantages of forming venture relationships. There are also specific rules that govern these alliances. Yet  small businesses continue to lose larger contracts due to increasing amounts of small business size… Read more »

Adverse Contractor Past Performance Evaluation in GAO Bid Protest

Adverse contractor past performance evaluation in a GAO bid protest is a common problem for bidders. Sometimes there is a question about how the government contracting office evaluated your past performance and whether it complied with the stated evaluation criteria. There are a few things to keep in mind: First, although you… Read more »

Past Performance Evaluation in Protests

Ratings for a government contractor’s past performance  can create grounds for a bid protest  if you have a clear understand of the applicable laws. A commonly missed mistake in the agency’s past performance evaluation is when the bidder is not awarded solely for past performance reasons. GAO decided this very… Read more »

Breach of Contract Claims Against the Government

As a contractor doing business with the federal government, there is often the question of whether there is a breach of contract claims against the government. Whether the answer is yes or no is left to the court. However, before you reach this phase you must first understand the basics… 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 »