When acquiring commercial products, the federal government must give preference to customary commercial practices. To implement this preference, the Federal Acquisition Regulation (FAR) instructs the government to only use contract clauses that are consistent with customary commercial practices. One such
When entering federal contracts, the government acts in a proprietary capacity and owes contractors certain express and implied obligations. One such implied obligation is to disclose to the contractor facts and information vital to performance under the contract. Under what
The apportionment of risk of increased performance costs in a government contract depends primarily on the type of contract and its included clauses. If a specifically included contract clause assigns the financial risk of an event on either the government
While the Contract Disputes Act provides no definition of a claim, the Federal Acquisition Regulation (FAR) § 2.101 defines a claim as a written demand or assertion by one of the contracting parties seeking, as a matter of right, the
The Contract Disputes Act (CDA) requires the federal government and its contractors to assert claims against the other party within six years of claim accrual, after which the claim is barred. However, the CDA does not define when the claim
The Contract Disputes Act, codified at 41 U.S.C. §§ 7101-7109, requires that a contract claim filed under the Act relate to a contract with the government. Adjudicative forums that resolve appeals challenging the contracting officer’s (CO) final decision in such
A claim under the Contract Disputes Act (CDA) must first be presented to and denied by the contracting officer (CO) before it can be appealed to a Board of Contract Appeals (BCA) or the Court of Federal Claims (COFC). Adjudicative
A Contract Disputes Act (CDA) claim meets the mandatory “sum certain” requirement when the contractor has submitted to the contracting officer (CO) a clear and unequivocal statement that gives the CO adequate notice of the basis and amount of the
Res judicata provides that when a final judgment has been entered on the merits of a case, it is a finality as to the claim or demand in controversy. Therefore, in federal contract claims litigation, contractors are typically required to
The government retains the right to terminate a contract for default when the contractor fails to meet its performance obligations. The default termination, commonly considered one of the most undesirable outcomes for contractors, may nevertheless be converted into a termination