GovConLaw Blog
When is a Termination for Convenience a Breach of Contract?
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...
Challenging a Termination for Default
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...
Having Technical Issues Sending Proposals to the Government? Who Bears the Responsibility? You or the Government?
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...
Misclassifying Workers on Davis-Bacon Projects Can Lead to False Claims Act Liability
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...
When is a Request for Equitable Adjustment a Claim?
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...
SBA to Revise Revenue-Based Small Business Size Standards
On July 18, 2019, the Small Business Administration (“SBA”) issued an interim final rule with request for comments raising the revenue-based small business size standards to account for inflation. SBA has established size standards for numerous classes of business...
Joint Venture Agreements on Set-Aside Projects: Be Detailed, Be Specific
A joint venture is an arrangement through which two entities are allowed to bid on a project together, allowing each entity to share resources and reap mutual benefits. However, when forming a joint venture to bid on a federal project that is set-aside for small...
WDOL.gov Has Been Retired
On any construction contract that is either performed for or funded by the Federal Government, the Davis-Bacon Act sets the minimum wages that must be paid to all laborers and mechanics performing work on the project site. This minimum wage is referred to as the...
Contractors Beware of Unauthorized Government Officials
Contracting with the Government? Be careful! Make sure the government representative with whom you are dealing has the actual authority to bind the Government to a contract because you bear the risk if the government representative overstated his or her authority. The...
GAO Holds that Proposal Strengths Must Relate to RFP Requirements
When evaluating proposals, the Government will identify what it considers strengths of the various offerors’ proposals. The Government’s evaluation of the strengths of the various proposals is key to the ultimate source selection decision. The Government typically...
Government Limits Adequate Price Competition Exception to the Requirement to Submit Certified Cost or Pricing Data
Effective on July 12, 2019, the Federal Acquisition Regulation (“FAR”) will be amended to limit the scope of the exception to certified cost or pricing data requirements when price is based on adequate price competition. This change will impact contracts awarded by...
ASBCA Holds that Sending Final Decision to Contractor’s Former Attorney Does Not Satisfy the CDA Requirement to Provide the Contractor with the Final Decision
Most government contractors are familiar with the disputes procedure for making claims against the Federal Government. The contractor submits a claim – certified if necessary – and the Contracting Officer issues a written final decision on the claim that is furnished...
