Government Contract Case Files

Some of Our Recent Case Results:

No matter or company is too small or too large. Our successes ranged from settlements, negotiations, REAs, appeals, and protests ranging from small to large companies and issues from the amounts of $10,000 to several million dollars.

Negotiations / Requestd for Equitable Adjustments/Claims

Negotiated Reversal of Improper Default Termination decisions converted into Terminations for Convenience with Costs.
Negotiated Reversal of a negative Past Performance Evaluation on behalf of the contractor based on non-contractual governmental actions by the agency.
Negotiated Reversal of Contracting Officer decision not to award final option year on a multi-year contract based on abuse of discretion.
Negotiations of REA’s with award of costs without need for Appeal.
Negotiated Settlements during litigation.
Submitted equitable adjustment for an aerospace company who had filed for bankruptcy and recovered over 3 million dollars in settlement allowing the company to pay all creditors and withdraw from the bankruptcy.
Prepared and negotiated a defective specification claim for an aviation company that allowed them to increase the contract from 27 million dollars to over 60 million dollars based on the government’s changes with all consulting fees recovered.
Successfully settled a hazardous waste company’s equitable adjustment for $363,000, this included the recovery of consulting fees.
Successfully converted a media communications company’s default termination into a termination for convenience and collected over 1.1 million dollars which included consulting and legal fees.
A Mid-Central IT computer company that was terminated for default based on negative past performance ratings, delays, and late delivery, received a settlement based on our negotiations of defective specifications and the client was awarded over 8 million dollars.
A Construction paving contract settlement for a submitted and negotiated REA on behalf of an airport runway construction company based on constructive change orders and the case was settled for 1.2 million.
Submitted and negotiated a forest service company equitable adjustment with a global settlement of 650,000.00.
An REA for over 7.5 million dollars for a ship building company was negotiated with a settlement for of 6.5 million dollars within 60 days.

Terminations: (Convenience or Default)

Numerous Reversals of Improper Default Terminations into a Termination for Convenience with Costs.
Multi layered corporation and subcontractor based Terminations for Convenience claims.
Past Performance Evaluation Record: Reversal of a negative Past Performance Evaluation on behalf of the contractor based on non-contractual governmental actions by the agency.
Defense Contractor: REA: Negotiation and settlement of a multi-million dollar REA claim prior to any litigation with a global settlement of 90% of its 3 claims.
Helped a major defense firm manage over 60 subcontractor’s termination for convenience claims on a terminated major defense program.
Submitted a REA than a termination claim that was over the original contract price. Recovered the additional dollars over the contract price because the agency increased the scope of the contract.

Appeals:

Numerous Appeals before the Boards of Contract Appeals and Court of Federal Claims from final officer final decisions rejecting contractor claims and REAs for constructive changes and added scope work
Litigation for a contractor that forced a large Defense Contractor into a merger with another large contractor in a multi-million dollar settlement.
Option Year Contract: BCA Reversal of Contracting Officer decision not to award final option year on a multi-year contract based on abuse of discretion.
Manufacturing Company: BCA ruling against final decision rejecting contractor REAs for constructive changes and added scope work with award of $1.7 million.
Merger: Litigation for a contractor which resulted in a settlement that forced a large Defense Contractor into a merger with another large contractor in a multi-million dollar settlement.
IT: Settlement for costs rejected in an REA and for additional costs of litigation and interest.
Appealed a final decision of the CO’s rejection of change orders and recovered all the costs and legal fees.
Appealed a termination for default that was later converted into a termination for convenience due to the government’s failure meet their burden of proof to show that the contractor failed to make progress.

Bid Protest Litigation:

SBA Bid Protest disputing 8(a) status and size determination of awardee resulting in cancellation of award and a re-bid.
Bid Protest on Best Value to Government resulting in a compromise with the Government awarding a portion of the contract to protestor.
Pre-Award Bid Protest granted based on Superior Knowledge of the Government.
Bid Protests Contract Reversal due to Improper Evaluations of Offerors.
Corrective Action of Bid Protest with division of award elements and options.
Successfully defended a 120 million dollar contract.
Negotiated a settlement which earned a company a 60 million dollar contract.
Bid Protest of award of follow-on contract to another contractor without notice to incumbent.
Bid Protest and Intervenor for security company, construction company, aerospace company, defense munitions manufacturer; services contract.
Bid Protest of award of follow-on contract to another contractor without notice to incumbent.
Reverse Auction – challenge to the evaluation process after the bidding ended; and challenge to the procedures that FedBid utilized prior to bidding and after submittal to the government. The government took corrective action in lieu of a written GAO decision sustaining the protest.
Protest for a national service placement company on the evaluation process in making an award in violation of the terms of the solicitation. Government took corrective action in lieu of a GAO decision sustaining the protest. Issues including cost realism, unequal bidder discussions, and evaluation in violation of solicitation requirements.
Intervenor action for a multi-level parts broker and manufacturer in which corrective action was intensely negotiated with the government, intervenor, and protester dividing the contract equally between the protester and intervenor.
Protest of an award of sole source contract when competition existed. Protest sustained.
Protest of GFE advantage for awardee; and Task Orders over 10 million dollars versus cumulative task orders under the same contract totaling 10 million.
Protest sustained of improper cost realism added to some bidders.
Agency Level Protest of solicitation slated towards a contract and its products. Agency sustained the protest and re-solicited the contract after re-writing the solicitation so that there was full, fair and open competition.
Agency level protest of unequal treatment of bidders with resulting re-evaluations of bids.
Successfully defended a bid protest challenge / intervenor action to defend a manufacturing company’s 136 million dollar award.
Our client a ship building company protested an award of a100 million dollar contract we negotiated a resolution of an award between the intervenor and the agency resulting in 55 million dollar contract to our client.