When the federal government awards a contract, the Termination for Default Clause acts to the agency’s advantage in the end.When contractors attempt the appeal the agency’s contract termination for cause action, there are specific rules you must be aware of. One of them is paying damages to the government for… Read more »
Agency bid protests can be worth the effort at times. However, there is downside. You have the right to file a federal agency protest when you find out that you are the unsuccessful bidder. You can also file a bid protest at the Government Accountability Office (GAO) or the U.S. Court of… Read more »
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 »
In government contracting, agencies sometimes buy commercial off the shelf items and services (COTS Items). Simply put, when the government buys these commercial items or services, there is not much that must change. Getting involved in disputes with the government or engaging in bid protest litigation can create a huge… Read more »
When government contracting agencies assert urgent and compelling circumstances, it is usually a predicate for override the Competition in Contracting Act (CICA government Contracts) Automatic Stay or to justify a sole source award. Although agencies may heavily document its reasons, a successful bid protest can be possible if the contractor… Read more »
Meeting SBA size protest timeliness requirements can be a problem when you are not sure when the clock actually starts. More importantly, filing an untimely size protest can eliminate your opportunity for a second chance at a government project. In many situations, because there is confusion about when the… Read more »
Sometimes the government’s solicitation for commercial items substantially differs from customary commercial industry practices. Companies seeking to bid on federal contracts could struggle with meeting the government’s FAR requirements. This can also create problems for bidders and even lead to a pre-award bid protest. If the federal government procures under… Read more »
How to Avoid Costly Mistakes With an IDIQ Contract and Dealing With the Government Minimum Payment Guarantee The United States federal government and its procurement agencies use a variety of IDIQ contract vehicles to procure services and products. One typical example is the indefinite-delivery / indefinite-quantity IDIQ contract vehicle. By… Read more »
Understand GAO’s Analysis in a Government Protest and Getting Agency Corrective Action Cost An issue arises in a government contract protest where the agency elects to take corrective action, and when, if ever, can a protestor recover costs when the agency takes too long to take corrective action. Many contractors… Read more »
Theodore P. Watson, Government Contracts Attorney. Termination for default cases on appeal often fails. The general reason for such a failure rate is because of your response to a show cause notice in government contracting. Another reason is that your response to FAR cure notice or some version of a letter… Read more »