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 »

COTS Commercial Off the Shelf Products in Government Contracting

In government contracting, agencies sometimes buy COTS commercial off the shelf items and services (COTS products).  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… Read more »

Urgent and Compelling Circumstances in Government Contracting (CICA)

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 »

SBA Size Protest Timeliness

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 »

FAR Commercial Items Clause and Market Research Requirements

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 »

FAR IDIQ Contract & Government Minimum Payment

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 »

Government GAO Protest and Corrective Action Cost

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 »

Responding to FAR Cure Notice & Show Cause Letter

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 letter in government contracting.  Another reason is that your response to FAR cure notice or some version of a letter… Read more »

Government Contract Dispute Claims Resolution

Although government contracting can be a lucrative business venture, contract dispute claims resolution with the government can sometimes be daunting and stressful. Oftentimes, businesses believe that they are doing ‘the right thing’ when the Contracting Office Representative orders them to perform extra work. Businesses may also believe that agencies will… Read more »

Federal Construction Scope of Work Changes

In government construction contracting, a general contractor often litigates contract disputes about construction scope of work changes but often finds out after thousands in litigation costs, that it has either failed to follow FAR procedure or took a substandard technical approach to get paid.  For large federal projects, the risk of… Read more »