The Procurement Integrity Act (PIA), FAR 3.104 penalties rules, as implemented by Congress, governs the relationship between government contracting officials and you the contractor. It also governs actions during the bidding process. The key to avoiding violations, civil and criminal penalties under the Act is to make sure that you train… Read more »
Before you submit your termination for convenience settlement proposal to the federal government, make sure you understand the regulatory allowances for costs recoverable. Given the push from the administration, government contracting agencies are instituting termination for convenience actions to do away with unwanted contracts. Although there are statutory damages and… Read more »
If you are a government contractor, learning how to assess breach of contract damages in government claims is critical to recovering all damages that your company deserves. For example, you can bring suit for breach of contract under the Contract Disputes Act in the Court of Federal Claims (COFC.) You… Read more »
A substantial amount of contractors look to find quick and easy government proposal templates on the Internet when responding to government solicitations. However, there has been at least one GAO case where the government stated that the proposal template used did not mirror the solicitation requirements. Using templated responses increase… Read more »
If you are filing a GAO bid protest because of a dispute about your proposal past performance evaluations, you should first understand that as a general rule contracting agencies have wide discretion to evaluate proposals based upon their own independent judgment. However, a protest lawyer that shows that the agency’s evaluation scoring… Read more »
Request for Equitable Adjustment (Equitable Adjustment FAR (REA Government Contracts)), in government contracting addresses a contract adjustment and is driven by the changes clause, to compensate you due to expenses incurred because of government actions, or to compensate the Government for contract reductions. Many companies have recently fallen prey to… Read more »
Filing a GAO bid protest can invoke an automatic stay of contract award or performance that lasts until GAO, or the court makes a decision. The automatic CICA Stay is typically at the GAO protest level. At the Court of Federal Claims, the stay is not automatic and protestors will… Read more »
The first step in how to meet GAO protest deadlines is to know them. Second, you must understand when time deadline starts to run or begins. You always ask your self when did you learn about the problem, or when should you have learned about the problem. The earlier of… Read more »
The US Court of Federal Claims (COFC) has jurisdiction to hear a government contract bid protest due to the Administrative Dispute Resolution Act of 1966 (ADRA). As a matter of practice, the COFC does not lose its jurisdiction to hear your protest simply because another bidder files a separate protest… Read more »
The underlying reason that you want to file a bid protest is that you want a second “bite at the apple.” If you are the successful bidder, then you want to intervene into the protest litigation and protect your own interest. You have made the decision to file a GAO… Read more »