When a government agency submits a request for proposal (“RFP”), the agency can make amendments and changes to the government solicitation requirements. The Federal Acquisition Regulation permits agencies to request revised government proposals, even where the original awardee’s price has been disclosed. Jackson Contractor Grp., B-402348.2 (2010). Agency Discretion with… Read more »
It is important to keep up with recent US FCPA cases so that you do not find yourself in a similar situation. In 2014 alone, the Securities and Exchange Commission (“SEC”) has charged major companies, such as Smith & Wesson and Hewlett-Packard, with violating the Foreign Corrupt Practices Act (“FCPA”). … Read more »
Federal government construction contractors often lose a considerable amount of money when the contracting officer denies a construction delay claims under the FAR Changes Clause. The first concern is to know whether your claim is actually a compensable claim or not. For example, under FAR construction regulations, all excusable delays will… Read more »
To get a government contract claim excused from performance due to defense to breach of contract of impossibility or commercial impracticability, you must inform the contracting officer early in the process. You cannot wait until the case is at the appeals level to bring it up. Failure to follow this simple… Read more »
When submitting construction contract claims against the Federal Government, or any service contract disputes, there are unique and dangerous rules and regulations that unaware companies. There is a common legal practice that many construction companies should be aware of. It is called preserving your right for a potential appeal…. Read more »
When Do You Qualify for Quantum Meruit Claim Recovery in Federal Government Contract Claims Against the Federal Government? If you have a written contract, this can be a tricky undertaking. Filing quantum meruit claims against the federal government can be confusing to businesses and individuals. Understanding what quantum meruit damages… Read more »
Recently, many contractors have questions about the grounds supporting a termination for default letter. When seeking to appeal default termination, the evidence, procedure, and how the court decides a case is essential to the litigation strategy. For example, when looking at the Termination for Default clause (T4D) of the contract,… Read more »
Making sure that your government contract claim appeal is, and can be, heard by the proper body is critical under Board of Contract Appeals ASBCA Rules. If you file an appeal that cannot be heard, you are simply wasting time and money. When the contracting officer issues a final decision,… Read more »
Are you considering a mineral rights or similar lease from the government on the Outer Continental Shelf (OCSLA)? It is crucial to understand your potential liabilities and obligations that may arise from provisions not specifically stated in the contract and when you may have a breach of contract claim against… Read more »
Breach of Duty Good Faith and Fair Dealings Standard In a recent decision, Metcalf Construction Company v. United States, the Federal Circuit appeared to relax the standard needed to find a breach of the expressed covenants of good faith and fair dealing with government contracts. Government contractors seeking to litigate… Read more »