Government procurement fraud can arise in a variety of situations. A common example occurs during the bidding phase when offerors submit untruthful information in efforts to secure a government contract, or in other situations, to get admitted into a program administered by the Small Business Administration. In the case of… Read more »
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 »
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 »
Learn how to avoid costly mistakes when challenging the government’s source selection decision in a protest based on best value versus lowest price evaluation criteria. Sometimes government contractors may fall short of winning arguments in a source selection decision protest challenging DOD source selection decisions and ultimate contract award decision…. Read more »
Government contracting agencies’ Source Selection Board decisions often come under fire in bid protest when there is a large and complex acquisition. The evaluation board helps the contracting officer to develop the source selection plan. The plan is supposed to evaluate bidders against the proposal evaluation criteria. However, government contracting agencies… Read more »
Was the Government Procurement Process for Your Bid Properly Applied? What are Your Options? Theodore P Watson, Esq. Federal government agencies tend to use the best value contracting procurement process as the preferred proposal evaluation criteria. The idea is to use taxpayer dollars to buy the best quality and value of… Read more »
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 »
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 »
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 »
Contractors can claim mistake of fact in bid claims against the federal government. When arguing that there was a mistake in bid, a contractor can either raise a mutual mistake of fact (both contractor and government made a mistake in drafting the agreement) or unilateral mistake of fact (contractor mistake)… Read more »