Why yes, yes you can! In fact, there is a little known provision of the Federal Acquisition Regulations (FAR) that speaks directly to a contractor’s right to request government participation in Alternative Dispute Resolution (ADR) for any contracting “issue in controversy.” And as long as the four essential elements of ADR stated therein are met, a contracting officer must either agree to such ADR or provide a written explanation with cited statutory or legal authority for rejecting the request.
Continue readingTag Archives: delays
Preparing for Contract Performance . . . and Guarding Against Problems
Congratulations! After a hard bidding process, your company has earned an award. But though this award process might’ve been long and tough, potential issues are still ahead.
In our practice, we often hear stories of soured relationships with the government during contract performance. Adverse performance issues can come at a hefty cost—in terms of money, time, and reputation.
Here are some suggestions to help guard against performance disputes with the government.
Continue readingCBCA: Overhead Costs During Delay Depend on Uncertain Date for Work Resumption
A contractor can become entitled to costs during a delay in performance. But when is a government contractor entitled to unabsorbed overhead costs during a government-caused suspension or delay? A recent Civilian Board of Contracts Appeals case answers that question in part.
Not Reading the PWS is a Bad Idea, ASBCA Confirms
Here at SmallGovCon, we often write about nuanced, complex government contracting legal issues. This isn’t one of them.
The moral of today’s story comes straight from the personal superhero files of Captain Obvious: not reading the performance work statement in your own contract is a pretty bad idea.