Category: Government Contracts

Non-Payment Of Subcontractors

Government Involvement When Prime Contractors Fail To Pay Subcontractors Subcontractors who have not been paid for their goods or services as a general rule do not have the ability to seek redress from the government. Because subcontractors lack privity, their recourse lies in an action against the prime for breach of contract or some other [..]

Read More

Intervening In A Bid Protest

Protecting Your Award By Intervening Protests are a legal mechanism by which an interested party can challenge the outcome of a procurement. When an unsuccessful offeror chooses to protest an award, absent certain circumstances performance of the contract either may not begin or if it has begun must cease until the outcome of the protest. [..]

Read More

Privity of Contract

An Enforceable Contract Between The Government And A Subcontractor Often in public procurements the government will make an award to a prime contractor and then for various reasons the prime will subcontract portions of the work to other vendors. These subcontracts are governed by common law and written agreements between the prime and sub. Even [..]

Read More

Regulatory Updates – Veteran Owned Businesses and DIUx

VOSB Verification Guidelines Change The Department of Veterans Affairs issued a final rule on July 12, 2017 relating to verification of ownership and control of veteran owned small businesses. This new rule contains a minor revision to the Veterans Benefits, Health Care, and Information Technology Act of 2006 to require re-certification of SDVOSB/VOSB status once [..]

Read More

Tribal Arm Immunity in False Claims Act Cases

Clarification In the Application of Sovereign Immunity to a Tribal Arm in False Claims Act Suits In a recent post, I discussed sovereign immunity in False Claims Act (FCA) cases. A component of that article focused on the application of immunity to tribal governments and in particular the extension of that immunity to its business [..]

Read More

Bid Protests At The Court of Federal Claims (COFC)

A Procedural Guide To Protests At The COFC An offeror in a public procurement may take issue with the procurement or with the outcome through a mechanism known as a bid protest. Companies bidding on federal opportunities may challenge a contract solicitation or award by filing pre-award and post-award protests. Three fora exercise jurisdiction over [..]

Read More

The Christian Doctrine

The Christian Doctrine: Reading Clauses Into the Contract A principle of government contract law known as the Christian doctrine states that certain clauses are of such importance in public procurements so as to be considered incorporated by operation of law. The government has a responsibility to notice vendors of contract requirements, whether expressly or through incorporation [..]

Read More