Contractors working with the federal government understand that contract modifications are a fact of life. Projects rarely unfold exactly as planned – and changes to the scope of work, performance deadlines, and pricing...more
8/4/2025
/ Best Practices ,
Breach of Contract ,
Construction Contracts ,
Construction Industry ,
Contract Disputes ,
Contract Modification ,
Contract Terms ,
Federal Contractors ,
Risk Management ,
Risk Mitigation ,
Waivers
The Competition in Contracting Act (CICA) of 1984 establishes a procedure that effectively pauses performance of a federal contract award during a bid protest.
If a disappointed bidder files a protest with the Government...more
7/10/2025
/ Administrative Procedure Act ,
Bid Protests ,
CICA ,
COFC ,
Contract Disputes ,
Court of Federal Claims ,
Equitable Tolling ,
GAO ,
Judicial Authority ,
Judicial Review ,
Procurement Guidelines ,
Statutory Interpretation
Timing is everything when it comes to bid protests at GAO.
There is a mountain of GAO case law dismissing untimely protests. Contractors must strictly follow GAO’s regulations to avoid that fate and obtain a Competition...more
6/24/2025
/ Bid Protests ,
CICA ,
Contract Disputes ,
Debriefing ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Filing Deadlines ,
GAO ,
Government Agencies ,
Regulatory Authority ,
Statutory Interpretation
Federal construction contracts often involve unforeseen delays. The key question is who is responsible for the resulting costs.
A new decision from the ASBCA provides a blueprint for how contractors can maximize recovery...more
6/16/2025
/ Appeals ,
Construction Contracts ,
Construction Disputes ,
Construction Litigation ,
Contract Disputes ,
Contract Terms ,
Contractors ,
Dispute Resolution ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies
Federal contractors understandably associate litigation at the Court of Federal Claims (COFC) with recovering monetary damages. Appealing denied claims to the COFC (along with the Boards of Contract Appeals) is the exclusive...more
6/9/2025
/ Appeals ,
Breach of Contract ,
COFC ,
Contract Disputes ,
Contract Disputes Act ,
Court of Federal Claims ,
CPARS ,
Declaratory Judgments ,
Declaratory Relief ,
Dispute Resolution ,
Federal Contractors ,
Government Agencies ,
Litigation Strategies
Price realism challenges stand out as a common basis for bid protests in federal procurements.
A competitor’s unrealistically low pricing may signal a lack of understanding or commitment to contract performance. Price...more
5/28/2025
/ Bid Protests ,
Compensation ,
Contract Disputes ,
Contract Terms ,
Department of Defense (DOD) ,
Employees ,
Employment Contract ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Government Agencies
Federal contractors need to be proactive about detecting and neutralizing or mitigating Organizational Conflicts of Interest (OCI).
The FAR’s OCI provisions (currently found at FAR Subpart 9.5) promote the fairness and...more
GAO just sharpened the distinction between winning and losing protest arguments related to key project personnel. The issue turns on the question of whether the winning proposal included “material misrepresentations” – and...more
We invite you to review the materials from our presentations that covered key issues facing government contractors. The topics include:
• Year in Review – Federal Contracts Case Law Update-
• Cost Accounting Compliance-...more
11/3/2023
/ Affirmative Action ,
Artificial Intelligence ,
Best Practices ,
Buy American Act ,
China ,
Contract Disputes ,
Copyright ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Procurement Systems ,
Inflation Reduction Act (IRA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
Internal Investigations ,
Risk Management ,
Section 301 ,
Tax Incentives ,
Trade Agreements Act ,
USTR
One of the most common concerns for federal contractors is delay.
Projects can fall behind schedule for a variety of reasons that are outside of the contractor’s control (government-directed changes, differing site...more
This is the eighth (and last) of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors...more
This is the seventh of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors to...more
The CDA has a reputation as a “catchall” for disputes between federal contractors and the government – and to a certain extent that reputation makes a lot of sense. As I’ve been covering in this series, contractors can...more
So, if you are owed time and money on a contract, should your next move be a CDA Claim or an REA? There is no one-size-fits-all answer – and contractors should carefully consider their own unique circumstances before...more
Federal contractors that experience government-caused increases to the cost/time of performance have a direct route for seeking an adjustment to their contract – the Contract Disputes Act (CDA)....more
This is the first of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act. Certified Claims are the primary avenue available to government contractors to recover...more
Contract Disputes Act (CDA) claims offer Government Contractors the opportunity to recover costs incurred due to Government-caused changes or delays. While the initial focus often rests on proving liability, a recent Court of...more
Understanding claims under the Contract Disputes Act is an essential skill for government contractors. Claims (and related requests for equitable adjustment) are by far the most common remedy for contractors seeking to...more
Contractors seeking to recover additional time and/or costs on government contracts typically choose to proceed with either a Request for Equitable Adjustment (REA) or a Claim. These remedies fall under the general umbrella...more