It is well established that the U.S. government may only enter into contracts through the authorized actions of its Contracting Officers (COs), who have actual authority to bind the government. In contrast, however, contractors may be bound by the actions
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
Solicitations for federal contracts and their included Federal Acquisition Regulation (FAR) clauses often direct contractors to complete representations and certifications relevant to the acquisition. Depending on the solicitation, contractors may have to complete and maintain certain representations and certifications in
When interpreting the terms of a government contract, contractors should generally look for the “plain-meaning” of the contract, assigning words their ordinary meaning. However, an equally important rule of federal contract interpretation requires a “whole-text” interpretation of the contract within
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
The Government Accountability Office (GAO) has strict timeliness rules for submission of bid protests. Under these timeliness rules, post-award protests must typically be filed no later than 10 days after the basis of the protest is known or should have
Federal statutes, regulations, and public policy strictly prohibit contractors from exerting improper influence in their attempts to secure government contracts. Such improper influence is defined as any influence that induces or tends to induce a government official to act regarding
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
When conducting procurements along the best-value continuum, federal agencies may engage in discussions with offerors, leading them into areas of their proposals that require modification, amplification, or explanation. The Federal Acquisition Regulation (FAR) requires that such discussions be meaningful. Specifically,
Teaming agreements are more prevalent in federal contracting than in nearly any other industry. Contractors team with one another to meet the government’s technical and regulatory requirements and to complement each other’s capabilities while offering an optimal solution in terms