Govconlaw Blog
In Rare Case Court Holds Government Termination for Default was in Bad Faith
By: Peck Law
Published Date: October 2, 2019
All government contracts give the Federal Government the right to terminate a contract for default if the contractor fails to perform. If the contractor’s failure to perform is excusable or the termination for default was improper, the termination usually is converted into a termination for the Government’s convenience and is not considered a breach of contract. The contractor only can [...] Read More
Court of Federal Claims Emphasizes Importance of Evidence to Show Standing in Bid Protest Claims
By: Peck Law
Published Date: September 23, 2019
Though present in virtually every case, the doctrine of standing becomes especially pronounced in bid protest actions. Standing is the legal concept that a cause of action can only be brought by a party that has a stake in the outcome or has been harmed. For bid protests, the Tucker Act only grants the Court of Federal Claims jurisdiction “to [...] Read More
When is a Termination for Convenience a Breach of Contract?
By: Peck Law
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: Peck Law
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
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