Strangely enough, the Contract Disputes Act of 1978 (CDA) does not define its most important term—“claim.” As a result, courts look to the Federal Acquisition Regulation (FAR) for guidance. FAR 2.101 defines a claim as a “written demand or written assertion by one of the contracting parties, seeking, as a matter of right, the payment […]
Tag Archives: lawsuit
Bid Protests of Government Contracts: Good for Business or Relationship Killers?
Are bid protests good for business, or are they relationship killers? How many bid protests is too many? That was the title of my award-winning article, which covered the unprecedented “ban” by the Government Accountability Office (GAO) of an extremely enthusiastic contractor who volley-fired more than two-thousand bid protests (yes, you read that correctly). GAO […]
How to Write a Contracting Officer Final Decision for Government Contract Claims
Include all the required elements of a Final Decision of a Government Contract Claim The Contracting Officer’s Final Decision (hereafter “Final Decision”) is an incredibly important document because it is the Government’s initial response to a contractor’s claim under the Contract Disputes Act. It serves as the Government’s opening move in the claim process and sets the stage for future litigation. […]
How Many GAO Bid Protests of Government Contracts is Too Many?
GAO’s Recent One-Year Ban of a Frequent Protestor Spurs Debate over the GAO Bid Protest Forum and Its Authority After a remarkable decision rendered by the Government Accountability Office (GAO),[i] there’s a buzz in the air about bid protests—and it’s at a fever pitch. For the first time ever, GAO chose to ban a protestor […]