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William Spriggs
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Practices federal procurement contract law only.
Practices federal procurement contract law only.

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THE REAL ART OF THE DEAL
There is a lot of fiction about how to negotiate settlements of government contract claims.  In reality, there are a few principles which are immutable, unassailable and nearly universal in application.  Here are my favorite few. Bargaining position.  Know ...

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RULES OF CONTRACT INTERPRETATION
The first rule of contract interpretation is to examine the
plain meaning of contract language giving reasonable meaning to all parts of
the contract.   LAI Services, Inc. v. Gates , 573 F.3d 1306, 1314 (Fed. Cir.
2009).   See also, Coast Fed. Bank, FSB v. ...

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HOW TO WRITE A REQUEST FOR EQUITABLE ADJUSTMENT REVISITED
Since we wrote How to Write a Request for Equitable adjustment, June 24, 2012, the note has received 7,427 views.  There is no regulatory guidance on what needs to go into this document.  There is, however, a 6 page outline of what can be called the anatomy...

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LPTA AND PAST PERFORMANCE EVALUATIONS
Past performance need not be evaluated in lowest price, technically acceptable (LPTA) procurements if the contracting officer documents the reason past performance is not an appropriate evaluation factor.  If the contracting officer decides to use past perf...

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DEFENSES TO DEFAULT TERMINATION (PART 1)
There are, of course, many defenses to a termination for default.  This begins a series of posts on several of them.  This one is known as abuse of discretion and involves failure to respond to requests for equitable adjustment (REA's). In an esoteric case ...

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COC REQUIRED FOR FOREIGN SMALL BUSINESS
Under the Small Business Act, government agencies must not determine a small business nonresponsible without referring the question to the Small Business Administration (SBA) which has the ultimate authority to determine the responsibility of small business...

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THE JUDICIAL ROLE OF THE CONTRACTING OFFICER
It's time we reminded ourselves of the judicial role of the contracting officer in government contracts.  Contracting officers are required by law to act impartially and function in a judicial role when resolving disputes.  The history is clear but very oft...

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