Government Contracts and
Procurement Subject Matter Analysis
Analysis of the law of government contracts traditionally focuses on the following subject areas:
Solicitation analysis. This consists of identifying terms and conditions that may yield advantages for the the bidding process or cause expensive performance pitfalls.
Analysis of the contract’s requirements for the purpose of avoiding possible disputes with the Federal Government that may arise under certain types of contracts, including:
8(a) Program (small disadvantaged business assistance)
Small Business Set Aside Contracts
Service-Disabled Veteran-Owned Set Aside Contracts
HUB Zone Set Aside Contracts
Women-Owned Small Business Set Aside Contracts
Multiple Award Task Order Contracts “MATOC” Contracts
Federal Supply Schedule Program Contracts
Cost Reimbursement and Indefinite Delivery, Indefinite Quantity (“IDIQ”) Contracts
Blanket Purchase Agreements
Research and Development (“R&D”)
Architectural/Engineering (“A&E”) Contracts
Bid and Size Protests
The enforcement of client rights through the initiation and defense of “size protests” before the SBA and “bid protests” before the GAO (government accountability office) and U.S. Court of Federal Claims through information regarding post-award and pre-award debriefings. In the event of successful bid protests, attorney fees are generally recoverable from the Federal Government.
Government Budget Cuts
The recovery of costs from the Government based on reductions regarding the Scope of Work (e.g. Partial Termination or Deductive Modification) or the defense of improper Government cost-saving measures for Scope of Work reductions.
Maximizing cost recovery for:
- pre-award/post-award mistake in bid claims
- termination settlement proposals and monetary claims
- requests for equitable adjustment for contract changes: delays, differing site conditions, defective specifications, improper government inspections, and other grounds.
Here, legal and accounting fees for successful claims are generally recovery based on FAR (Federal Acquisition Regulation) rules by way of requests for equitable adjustment and termination settlement proposals. In instances where negotiation fail to yield a result in favor of the moving party, he may pursue a claim before the Boards of Contract Appeals or U.S. Court of Federal Claims
Generally, the defense of Federal Government procurement actions involves the following:
- government claims
- negative past performance evaluations
- terminations for default/cause
- liquidated damages
- DCAA audits
- certificate of competency
- organizational conflict of interest
- false claims act
- OIG investigations
- defective pricing
Knowledge of the law of government contracts helps contractors protect their rights, avoid performance pitfalls, gain a competitive edge, and maximize cost recovery opportunities.
This concludes our discussion of the fundamentals of government contracting legal issues.
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