Government Contracts

Government Contracts

Government Contracts and Procurement Subject Matter Analysis

Analysis of the law of government contracts traditionally focuses on the following subject areas:

Solicitations

Solicitation analysis. This consists of identifying terms and conditions that may yield advantages for the the bidding process or cause expensive performance pitfalls.

Contract Performance

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

  • Simplified Purchases

  • Blanket Purchase Agreements

  • Research and Development (“R&D”)

  • Architectural/Engineering (“A&E”) Contracts

  • Construction Contracts

  • Manufacturing Contracts

  • Service 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.

Claims

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.

Government Actions

Generally, the defense of Federal Government procurement actions involves the following:

  • government claims
  • negative past performance evaluations
  • terminations for default/cause
  • liquidated damages
  • set-off
  • DCAA audits
  • certificate of competency
  • organizational conflict of interest
  • false claims act
  • OIG investigations
  • defective pricing
  • suspension/debarment

Knowledge of the law of government contracts helps contractors protect their rights, avoid performance pitfalls, gain a competitive edge, and maximize cost recovery opportunities.



Feel free to browse our collection of Modern Government Contracting Law Resources, Posts, and Articles for students, lawyers, researchers, and scholars of the law.

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About NOLA Law Corp
NOLA Law Corp's members, advisors, or authors have over thirty years of experience negotiating, drafting, and performing intellectual property based government contracts.
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