Government construction claims resolution and appeals in federal government contracts have become a nightmare for construction contractors that are filing disputes and appeals or initially submitting claims to the federal government. This is even true for settlement proposals in termination for convenience cases. The COFC or Board of Contract Appeals dismisses… Read more »
Do You Know the Next Steps for Your Suspension and Debarment Appeals? As a government contractor, you must be aware that the Board of Contracts Appeal does not have jurisdiction to review suspension and debarment appeals decisions. See Inter-Continental Equipment, Inc., ASBCA No. 38444, 90-1 BCA122,501 at 112,956 (holding the Board lacks… Read more »
Deciding on whether to file a Court of Federal Claims bid protest versus GAO protest or the agency-level protest can be tricky too many government contractors. At the end of the day, many contractors seeking to save revenues worth millions of dollars find that closing bridges or giving up rights… Read more »
Theodore P. Watson, Esq. When government procurement agencies do not comply with the terms of the solicitation or violate applicable procurement law, the unsuccessful offeror can file a bid protest. The protest must specifically challenge the agency actions decisions and must also meet certain procedural requirements. Federal contractors should be… Read more »
Are you aware of you being subject of any investigation by any governmental authority? Find out if you’re under government investigation. When investigators contact you, or agents serve you with a subpoena request, or you receive a DOJ target letter, you must be very careful of how you proceed next…. Read more »
The central issue when appeal a contract claim denial to the Civilian Board of Contract Appeals or any other appellate court is to be able to point to the agency record or trial evidence and to articulate the measures of calculation for your quantum damages. Without being able to present… Read more »
The first thing that you should know when you are subject to a federal government investigation is that you should cooperate with law enforcement agencies. Each federal agency has a significant amount of resources and although it may not be clear whether you are a target initially, it does not… Read more »
Compared to regularly solicited proposals by the federal government, writing FAR Part 15.6 unsolicited proposals can be a daunting process. Further filing a bid protest regarding the agency’s improper rejection of your unsolicited proposal can be that much more difficult. However, the US Federal Circuit Court of Appeals outlined the… Read more »
Government contractors sometimes have to make a decision to engage in protesting federal government contract awards. This level of litigation can be brought before the contracting agency, the Government Accountability Office, or the U.S. Court of Federal Claims. To help to make the process easier, companies should start the decision… Read more »
If You Do Not Correctly Apply the CAFC Federal Circuit Rules and Standard of Review in Bid Protest Appellate Cases, Your Case Will Fall Through the Cracks. When appealing a case to the United States Court of Appeals for the Federal Circuit (CAFC), the party appealing the case, usually from… Read more »