Contractors often face harsh consequences when filing federal government Contract Disputes Act (CDA) claims against the government. Despite getting the benefit of your work, the contracting officer (CO) will often deny your claim just because the claim itself did not meet the CDA requirements or you did not provide the… Read more »
Types of Bid Protest Intervention At the U.S. Court of Federal Claims adopts two types of bid protest intervention. They are: intervention as of right or by permission of the court. In either case, you or your attorney must enter the case in a timely fashion. Who May Intervene? As a government… Read more »
Avoid costly legal mistakes with prime contractor subcontractor in privity of contract relationships in federal procurement. As a subcontractor to federal government procurement, you may often find yourself wondering what is the lack of privity of contract rule for government relationships with subcontractors and why the Contracting Officer, or even… Read more »
Define Breach Potential Before Filing a Lawsuit As a party to a contract, you generally would not get to the issue of remedies unless you first define whether there is a breach. Meeting the definition of breach of contract occurs when one of the parties fail to act or perform according to… Read more »
When looking at the government contract process for submitting claims, or you decide to file claims against the federal government, there are certain best practices and approaches that you must adhere to. Failure to follow them can tempt the Contracting Officer (CO) to try to negotiate the actual amount downwards or it… Read more »
The DOD and Federal Government Procurement Process in Federal Contracting in the United States means the method and purchasing process by which government agencies buy goods and services. When it comes to government contracts, the federal government is in the business of buying commercial products and services. How it goes… Read more »
The Termination for Convenience Clause in a federal government contract gives the agency the unilateral right to give you an early termination notice if it is in the government’s “best interest.” Sometimes there are questions as to the government underlying reasons. Regardless of fault, the termination for convenience clause requires the government… Read more »
As CEO of the company, receiving the government’s contract termination letter is one of the sudden blows that you do not usually dream of seeing. Your anticipated profits and the future of your business are at risk. Whether the agency terminates for cause or convenience, developing an immediate response is critical…. Read more »
Intervening Learning how to intervene and defend in a bid protest at GAO or Court of Federal Claims stems from a standing and litigation strategic plan. Under 4 CFR 21, An intervenor in a bid protest is typically the awardee. There is much litigation on this very issue. Government contractors must take the… Read more »
Not Protesting Government RFPs Early Can Impact Your Proposal Evaluation. As government contractors, you may sometimes run across an RFP that appears vague or even narrowly written for another contractor and you wonder whether you can file a bid protest on those grounds. In other situations, you wonder whether the… Read more »