Many government contractors often try but fail to successfully argue on appeal that the Government agency acted in an arbitrary and capricious manner when evaluating and deciding which company gets the contract award. When litigating a bid protest, it is critical to first understand what the arbitrary and capricious definition is… Read more »
During the performance of a federal project, a government contractorFAR release of contract claims statement under FAR. requirements can blindside contractors. In good faith, they believe that once the agency gets the benefit of services they will be paid. Cases show that is simply not true. Never Sign Federal Contract… Read more »
After the government exercises its rights to terminate your contract under the termination for convenience clause, you then have to submit your damages in a termination for convenience settlement proposal. It must be done within one year. Therefore, you must develop your settlement posture early. The government will almost always… Read more »
Understanding the applicable federal False Claims Act statute of limitations for fraud cases under 31 USC 3729 and 18 USC 3731 can often get the case dismissed if not adhered to by the government. As for any case, facts drive the outcome of any limitations dispute. The regulation puts the… Read more »
Oftentimes, government contracting agencies attempt to support their cost evaluation methods and ultimate award solely on the cost submitted by the contractor. However, a flawed evaluation can become target to a bid protest at the Government Accountability Office (GAO). Cost Evaluation Methods in Cost-Reimbursement Contracts When an agency evaluates pricing… Read more »
When filing a GAO bid protest, it is important to understand that an agency’s source selection plan only provides internal agency guidelines. The plan is generally for the agency’s internal usage and does not by itself give outside parties any rights. The plan typically becomes a highly-relevant topic after the bid protest is filed… Read more »
The FAR Buy American Act, 41 USC 10a -10d (2000 and Supp. I 2001), provides for the acquisition of American materials and goods for public use. The exception to the rule is that such an acquisition is inconsistent with the public interest or the cost is unreasonable. If there is… Read more »
Many contractors have questions about a bid bond guarantee and SBA surety bonds and if their rejected bids can be protested on these grounds. Many government contracts require some form of a surety guarantee or bond. If your proposal does not comply with the solicitation requirement for a bid guarantee,… Read more »
Bid and proposal costs can be expensive. Many contractors wonder whether they can recover bid and proposal cost incurred while preparing to submit their bid. The answer is sometimes. Many companies fail because they do not fully understand the legal requirements. It often depends on whether or not there was a… Read more »
Gain Insight and Avoid Costly Mistakes When Challenging Past Performance Evaluation Scores When agencies evaluate technical proposals, the RFP may state that award would be made on a best-value basis, considering past performance evaluation as one of the weighted evaluation factors. Challenging past performance evaluation scores must be fact specific. Government… Read more »