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 »

Contractor & Government Sanctions Imposed by ASBCA or CBCA Boards

A board of contract appeal has the authority to impose sanctions, including government sanctions, on parties for unacceptable behavior.  While boards do not have the authority to impose monetary sanctions, federal courts, such as the Court of Federal Claims, can.  When a board imposes either contractor or government sanctions, the sanction… Read more »

Can the Government Impose Unduly Restrictive Solicitation Requirements in RFPs?

When it comes to unduly restrictive language and government protests, to prevail in litigation, you first must understand the parameters in which the government contract write its requests for proposals. Many contractors wonder whether the government can unduly restrict competition.  “Unduly restrictive Solicitations” means that you are challenging both the restrictive… Read more »

ASBCA Rules – Jurisdiction and Contractor Claims

Making sure that your government contract claim appeal is, and can be, heard by the proper body is critical under Board of Contract Appeals ASBCA Rules.  If you file an appeal that cannot be heard, you are simply wasting time and money. When the contracting officer issues a final decision,… Read more »

OCSLA Understanding Potential Liabilities & Obligations

Are you considering a mineral rights or similar lease from the government on the Outer Continental Shelf  (OCSLA)? It is crucial to understand your potential liabilities and obligations that may arise from provisions not specifically stated in the contract and when you may have a breach of contract claim against… Read more »

The Basics of Government Facility Clearances

Government Facility Clearances Having government facility clearances for a government contract involves a decision from a national security perspective, that a facility can be accessed for classified information. As a government contractor, you can be granted a government facility clearance for confidential, secret, or even at the Top Secret level. You must complete… Read more »