Government Contracts

Government Contracts
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  • Contract Administration and Audit Issues; Alternative Dispute Resolution

Much of our government contracts experience involves working with clients to resolve the many issues that arise during performance of a federal contract. Among other matters, these include identification of compensatory contract changes, interpretation of FAR requirements, applicability of CAS standards, and audits by the Defense Contract Audit Agency. Our goal is always to resolve performance issues satisfactorily before they ripen into formal disputes.


Similarly, our philosophy is to explore administrative resolution of government contract disputes before resorting to litigation. To this end, we have prepared and successfully negotiated numerous equitable adjustment requests and Contract Disputes Act claims on behalf of clients. We also recommend alternative dispute resolution (ADR) methods in appropriate situations, such as the use of arbitration, mediation and mini-trials.

Our experience teaches that many contract performance problems can be avoided by education and training of contractor personnel. To this end, we have prepared in-house training programs for clients, including presentations for companies with little or no experience with government contracts.

Among many examples of our work in the area of contract administration are the following:

  • We devised a negotiation strategy for a contractor faced with ambiguous contract provisions on a Navy vehicle maintenance contract; the government contracting officer ultimately accepted our interpretation and authorized an equitable adjustment to the contract in our client's favor.
  • We were also successful in settling a CDA-certified claim we filed with the Department of Labor on behalf of an architectural firm.
  • We also obtained a large equitable adjustment from the U.S. Agency for International Development after filing a claim on behalf of a helicopter charter service that provided emergency airlift services for a United Nations-sponsored relief mission.
  • Through participation in an ASBCA-sponsored ADR, we negotiated a half-million dollar settlement of a long-running Navy-contract performance dispute for a small business client.
  • We assisted an aircraft overhaul subcontractor in successfully resolving several payment issues raised by the government on a Navy-Coast Guard contract.
  • We obtained a favorable settlement of a request for equitable adjustment of a contract for the supply of chemical protective gear to the Army, based on constructive changes and delays.
  • We assisted a GSA supply schedule contractor in avoiding claims for alleged violation of "most favored customer" clauses.
  • We worked with a major advertising agency to convince a contracting officer not to accept significant cost disallowances recommended by DCAA on a recruitment advertising contract.
  • We worked with an advanced engineering services firm to resolve various CAS interpretation issues raised in the course of audits by DCAA.
  • We have worked with a number of contractors on executive compensation cap issues raised in DCAA audits.
  • We successfully negotiated an equitable adjustment request with the Air Force on behalf of an airline client whose aircraft was severely damaged by a volcano eruption while on a military contract mission.

 

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