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 »
Ostensible Subcontractor Rule: Primary and Vital Contract Requirements – Don’t Get Your Contract Taken Away – Get Immediate Help – SBA Size Protests Have 5-day deadline. Act Right Away. By Theodore P. Watson, Esq. and Cheryl E. Adams, Esq. Prime’s Management of the Project is Critical When your company bids… Read more »
Government contracting agencies will often have you sign a release of all claims under the contract. Contractors must be careful in understanding what exactly signing a waiver of claims means. Avoid Costly legal mistakes when signing government contract changes that contain release of claims clauses. When bringing a contract claim… Read more »
Contractors often have questions on the types of claims available to them. One claim contractors can assert when trying to recover government breach of contract damages is a superior knowledge claim. The superior knowledge doctrine is based on the idea that where the government had knowledge of information that would affect… Read more »
On February 12, 2014, President Obama signed Executive Order 13658 to raise the minimum wage for federal contractors to $10.10 per hour for all workers on federal constructive and service contracts, up from the current $7.25 per hour minimum. The final rule was issued to the Federal Register on October… Read more »
Environmental cleanup costs incurred with government contracts can be extremely high when applying Public Law 85-804. It is important to understand when you, as a government contractor, are liable for these costs and when you may be able to recover them from the Federal Government, potentially saving you millions of dollars. Allowable… Read more »
Getting non responsibility determinations can cripple your chances of winning a federal government contract. For example, when you submit a government proposal, your past experiences can sometimes take a toll on whether you get the award. More specifically, when the agency issues a non responsibility determination under the FAR for past… Read more »
When it comes to GAO acceptance of late proposal submission exception in bid protests, many contractors wonder what happens if their Request for Proposal (“RFP”) submission is late and if there are any exceptions that allow for relief. While it is an offeror’s responsibility to deliver its proposal to the proper… Read more »