Govconlaw Blog
When is a Termination for Convenience a Breach of Contract?
By: imh-support
Published Date: September 9, 2019
For a contractor to succeed on a claim that it was wrongfully terminated for convenience by the Government it must prove that the termination was either in bad faith or was an abuse of discretion. This can be a high burden for a contractor to meet, as one contractor recently discovered in Optimum Services, Inc. v. Dep’t of Interior, CBCA [...] Read More
Challenging a Termination for Default
By: imh-support
Published Date: September 4, 2019
Contractors seeking to challenge a termination for default may first have to file a claim with the contracting officer. The Government can terminate a contract for default if the contractor fails to timely perform or falls so far behind that the Government believes that the contractor will not finish on time. Often the reason that the contractor falls behind in [...] Read More
Having Technical Issues Sending Proposals to the Government? Who Bears the Responsibility? You or the Government?
By: Olesya Sidorkina
Published Date: August 26, 2019
Ever tried to send documents electronically to the Government only to later learn that they were not timely received (or received at all) due to issues with the Government’s servers or websites? It happens more frequently than you may think. And it’s a significant problem if the document you are trying to email or upload to a government website is [...] Read More
Misclassifying Workers on Davis-Bacon Projects Can Lead to False Claims Act Liability
By: N/A
Published Date: August 19, 2019
The Wage Rate Requirements (Construction) statute (aka the Davis-Bacon Act) requires contractors and subcontractors on federal and federally funded construction projects to pay onsite laborers and mechanics no less than the applicable prevailing wage. Wage determinations contain wage classifications and descriptions of the type of work that falls within that wage classification. Workers must be paid based on the wage [...] Read More
When is a Request for Equitable Adjustment a Claim?
By: imh-support
Published Date: August 12, 2019
Most government contractors are familiar with the disputes procedure on government contracts. A dispute arises between the contractor and the Government. The contractor submits a Request for Equitable Adjustment (“REA”) or a claim. If the contractor submits a REA and the REA is unsuccessful, it submits a claim. The Contracting Officer issues a final decision on the claim and, if [...] Read More
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