Government Contracts
REA’s and Claims
Bid Protests
Contractor Performance
Small Business Contracting
Government contracts contain provisions for the equitable adjustment of the contract price due to events beyond the control of the contractor. Yet, frequently the customer balks at paying the contractor a fair price for goods and services provided.
Many claims can be resolved in a telephone call or a short meeting and, for reasons of client cost and efficiency, we prefer a non-adversarial approach with emphasis on collaborative communication with contracting officers who may not know all the relevant the facts. An early and reasonable settlement, either through negotiation or alternative dispute resolution saves both the government and the contractor time and money. We assist our clients with analyses of their performance and develop legal theories of recovery, including constructive claims for government-required services performed outside the statement of work. When the government customer proves intractable or unreasonable we do not hesitate to submit a formal claim and/or initiate litigation.
Bid protest litigation and the equitable adjustment and claims process (REA) are staples of the formation, performance and administration of government contracts. We have substantial experience in these areas of federal contracting and often represent companies challenging or defending procurement procedures and contract awards. We appear regularly at the contracting agency level and before the Government Accountability Office (GAO), the U.S. Court of Federal Claims, and the U.S. Court of Appeals for the Federal Circuit, on behalf of disappointed bidders and successful awardees.
Our protest expertise extends to issues of unequal treatment, cost realism, sole-source contracting, conflicts of interest, and responsibility. We are agile and adaptive to the short time frames of the protest process. We strive to make every representation cost-effective and scaled to the needs of the client, while offering the insight and strategy to achieve a successful outcome.
A key factor in all government contract awards is past performance. In order to be found to be a responsible contractor, a prospective contractor must have a satisfactory performance record. This record is kept by the government as part of its Contractor Performance Assessment Reporting System (“CPARS”). Contractors are strongly recommended to contact legal counsel to help in responding to any negative CPARS ratings.
The United States federal government is the largest purchaser of goods and services in the world, now exceeding $300 billion annually. By law, at least twenty-three percent of those contract dollars are supposed to be allocated for small business prime contracts. To participate and compete for those contracts, however, small businesses face highly complex and often confusing rules and regulations.
We can advise small businesses on general SBA matters, with particular expertise in issues involving specific set-aside programs: the 8(a) Business Development, Small Disadvantaged Business (SDB), Woman-Owned, Veteran-Owned and Service-Disabled Veteran-Owned program, as well as the HubZone Program. Large government contractors are also required, under most government contracts, to provide significant subcontracting opportunities to small businesses.