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 »
Protesting the Small Business Administration SBA North American Industry Classification System (NAICs Codes) size standard for a government contract can be tricky when you try to qualify as small. This is especially true when there are differences between the amount of labor required and the overall cost of the contract. How Does… Read more »
One of the most reviewed cases of a federal contractor defense to procurement fraud was Daewoo Eng’g & Constr.Co. v. United States, 73 Fed. Cl. 547, 597 (2006) where the Court of Federal Claims held that Daewoo had committed fraud under the Federal False Claims Act (FCA). The court awarded… Read more »
Government procurement fraud litigation has escalated over the past few years due to increased government oversight. A particular target of federal procurement law is the federal False Claims Act. 28 USC 2514. To prevail under section 2514, the government must “establish by clear and convincing evidence that the contractor knew that… Read more »
When submitting government proposals, getting a fair and reasonable price in government contracts under the Federal Acquisition Regulation (“FAR”) is a highly contested issue. You have to avoid costly mistakes of assuming that the lowest price offeror should get the award or that the government has more than likely conducted… Read more »
When submitting or appealing a government contract claim based upon excusable delays or Eichleay damages formula in government claims, contractors have the legal burden to prove their claim. This has been a continuing problem in the various boards of contract appeals. As a result, both large and small businesses lose… Read more »
Avoid Costly Mistakes When Responding to Government Cure Notices That Can Almost Guarantee a Termination for Default If you do not adequately respond to a government contract cure notice, your company could be at a great disadvantage because you are likely to receive a termination for default. In other words, although the… Read more »
When faced with termination for default appeals, courts deciding government contract cases understand that a default termination is “a drastic sanction which should be imposed … only for good grounds and on solid evidence.” This was the decision on J.D.Hedin Construction Co. v. United States, 408 F.2d 424, 431 (Ct. Cl. 1969)…. Read more »