Govconlaw Blog
Ninety Seconds Late is Not a Minor Infraction
By: Peck Law
Published Date: October 7, 2019
Written by Lori Ann Lange and Sabah Petrov* Offerors submitting bids, proposals, and quotes on government solicitations must submit their bids, proposals, and quotes by the required due date and time – and not one second later – as demonstrated by a recent Court of Federal Claims (“COFC”) decision. Criterion Sys., Inc. v. United States, No. 19-593 C, (Fed. Cl. [...] Read More
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
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