Government agencies often establish Blanket Purchase Agreements (BPAs) with General Services Administration (GSA) Federal Supply Schedule (FSS) contractors to meet their repetitive procurement needs in a flexible and streamlined manner. Such BPAs may be single or multiple award and may
Under the Spearin doctrine, when the government furnishes design specifications directing the contractor on how to undertake performance on a contract, it provides an implied warranty that the contractor will be able to perform the contract satisfactorily if it adheres to the
Enacted in 1994, the Federal Acquisition Streamlining Act (FASA) contains a “task order bar” that removes from the coverage of the Tucker Act any protests that relate to the issuance of a task or delivery order, the contract value of
Contractors frequently form joint ventures to respond to federal contracts solicitations that require the submission of past performance information. Since joint ventures are entities separate from their member firms, created in many instances to pursue specific federal opportunities, they may
Federal contractors may enter into joint venture agreements to pursue and perform federal contracts and carry out specific business activities. Governed by the terms of the joint venture agreement, joint ventures are independent entities that typically exist separate and apart
In order to have the necessary standing to file a protest at the Government Accountability Office (GAO), a protester must qualify as an interested party. The GAO’s bid protest regulations define an interested party as an actual or prospective bidder
Solicitations for federal contracts often contain provisions that generally require compliance with all state and local laws, including obtaining all state and local licenses or permits necessary for performance. The Federal Acquisition Regulation (FAR) contains a permits and responsibilities clause
Most aptly described as a legal fiction, the doctrine of constructive termination is invoked when the basis upon which the government contract was actually terminated is legally inadequate to justify the government’s actions. Stated another way, the doctrine of constructive
It is a fundamental tenet of government contracts that procuring agencies treat all offerors equally. In this regard, adjudicative forums have long held that procuring agencies must provide all offerors with a common basis for preparing and submitting proposals. Such equal
In government contracts, the doctrine of accord and satisfaction is an affirmative defense that discharges a claim because some performance different from that which was claimed to be due is rendered and the claimant accepts such performance as full satisfaction