When submitting federal government construction claims or appeals, the result usually lies in your justification for the claim, whether you met the Contract Disputes Act requirements and whether there was actually a contracting officer’s final decision. In addition, when submitting a differing site condition for a construction claim, the Federal Claims Court… Read more »
Can the agency use an undisclosed independent government cost estimate (IGCE FAR) to evaluate your proposal? Take a more meaningful approach hen challenging the government contract price estimations and source selection methods. In previous GAO bid protest rulings, it has made it clear that an agency must give enough information… Read more »
How to Avoid Costly Contractor Teaming Agreement Mistakes in a Bid Protest When submitting a government proposal, you may choose to submit a contractor teaming agreement to show evidence of relationships with another subcontractor. Yet, a question arises in a bid protest whether your teaming agreements were sufficiently evaluated by the Source Selection… Read more »
Under what authority can the contracting officer terminate a contract for default or cause? When assessing costs associated with the Termination for Default Clause, you must first understand the government’s rights. Under government contracts law, if your contract contains the Default clause at 52.249-8, the Government has the right, subject to… Read more »
Contract Claims Certification and Appeals Requirements When reviewing the Contract Disputes Act certification requirements for litigation and appeals, a costly mistake made by government contractors is to submit a claim against the government but not follow the claim certification requirements of the Act. Another mistake is to file a government… Read more »
Common Management and identity of interest are part of affiliation disputes raised in a small business size protest. However, you must be fully aware of the legal issues and how lawyers analyze them. You do not want to lose out in a SBA size appeal by taking on the case… Read more »
Contractors often have questions about meaningful discussions under FAR 15.306 in the agency source selection process. With many GAO bid protests being filed for lack of meaningful discussions between the Government and offerors, it is important to understand the rules. Meaningful discussions have been seen consistently in GAO protest… Read more »
A contract dispute may come in varying shapes and sizes. Whether you are a Government contractor or a Small Business, contracts dispute can take a toll on your work and ultimately cost you money. While the best option is to have an attorney draft or review any contract before signing,… Read more »
Meeting the Material Breach Definition is Essential to Winning Your Case The material breach of contract definition is one that goes directly to the crust of the agreement. When there is a dispute, and you are bringing a claim, then is the time to claim that the alleged breach was… Read more »
Many contractors often ask what is a latent defect (latent vs patent defects)? Knowing the answer is essential to your decision on whether or not to litigate the dispute. A patent defect and latent defect situation on government contracts can severely impact the cost of performance both for the agency… Read more »