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Government contract law firms typically represent companies doing business with a federal, state, or local government. BCTW represents businesses of all sizes that contract with the federal government, including prime contractors, subcontractors, small businesses, joint ventures, and companies new to the public sector marketplace. We work with clients in a variety of industries, including defense, construction, IT, healthcare, professional services, and manufacturing.
The firm was founded in 1984. Each of our lawyers are highly experienced with government contracts and litigation, with experience ranging between 15 years and 50 years. Collectively, the six lawyers of BCTW law have over 200 years of legal experience focused on government contracts and litigation.
We represent clients in all phases of government procurement. Every year BCTW lawyers represent clients for government contract bid protests at the GAO and the Court of Federal Claims; size and status protests at the SBA; and litigation between primes and subcontractors. Firm lawyers assist clients to prepare claims and appeal contracting officer's final decisions (COFD) to the CBCA, ASBCA, and Court of Federal Claims. Our government contract lawyers answer questions about laws and regulations that impact contractors, such as the FAR, DFARS, the Miller Act, and the Contract Disputes Act.
Fee arrangements are typically hourly, but certain matters can be done on a flat-fee basis if they are easily scoped. We will discuss costs openly at the outset so there are no surprises. For larger engagements, we typically provide a schedule of work and estimated costs.
A government contract bid protest is a formal challenge to a government procurement decision. Contractors may protest the terms of a solicitation, their exclusion from the competition, or the award of a contract to another company when they believe the agency violated procurement law or the terms of the solicitation.
Federal bid protests can generally be filed in three places: with the procuring agency, with the Government Accountability Office (GAO), or at the U.S. Court of Federal Claims. Each forum has different procedures, timelines, and strategic advantages. We help clients choose the forum that best fits their circumstances. Click here to learn more about the GAO protest process.
Very quickly. Protest deadlines are strict and often measured in days, not weeks.
Most GAO protests must be filed within 10 days of when you knew or should have known the basis for the protest, and challenges to solicitation terms generally must be filed before the proposal due date. If your procurement is subject to a required debriefing, then the 10 day period is tied to the debriefing. Filing within certain shorter windows after award or a required debriefing may also trigger an automatic stay of contract performance at the GAO. If you think you have grounds for a protest, contact us immediately.
If a debriefing is available, then in most cases, yes. A debriefing gives you insight into how the agency evaluated your proposal and can reveal potential grounds for protest. Requesting a debriefing on time can also affect your protest deadlines, so it is important to understand the timing before you act. Do not confuse a required debriefing with a "brief explanation of award" that is available for GSA Schedule orders. They are very different things and have different impacts upon when you have to file a bid protest.
You can typically intervene in the protest to defend the award. Intervening lets you protect your interests and respond to the protester's arguments. Timely action is important here too. Click here to learn more about why you should intervene to protect your award.
This is a common concern. Protests are a normal, legally protected part of the procurement process, and experienced contracting officials generally understand that. We weigh the business relationship alongside the legal merits and help you decide whether protesting is in your long-term interest.
Whether you need a lawyer to represent you in a bid protest depends upon the forum. Whether you should have a lawyer represent you depends upon the nature of the protest. First, a government contractor may represent itself for an agency or GAO protest. Only a protest to the Court of Federal Claims requires that a contractor be represented by legal counsel. Having a lawyer represent you at the agency, and especially the GAO, will likely enhance the likelihood of success. The experienced BCTW lawyers will ensure you identify all the pertinent grounds of protest and seek to maximize the pertinent documents produced by the agency during a GAO protest. To successfully pursue a GAO protest, a protective order is often needed for outside counsel to gain access to source selection sensitive information, such as your competitor's proposal and evaluation documents. Because of the sensitive nature of these documents, they are not available for the protesting contractor to review, only its outside counsel. Click here to learn more about why it is wise to use a BCTW government contract lawyer for your bid protest.
Your dispute might be directly with the agency, it might be indirectly with the agency, or it might be with a prime contractor or subcontractor. Disputes between primes and subcontractors are addressed in the section below.
Disputes under federal contracts are generally governed by the Contract Disputes Act. The process usually starts with submitting a written claim to the contracting officer. If the claim is denied or not decided in time, you may appeal to the appropriate Board of Contract Appeals or the U.S. Court of Federal Claims. Click here to learn more about the claims process.
Yes. Claims under the Contract Disputes Act generally must be submitted within six years after the claim accrues. Once the contracting officer issues a final decision, the deadlines to appeal are much shorter: typically 90 days for a Board of Contract Appeals and 12 months for the Court of Federal Claims. Missing these deadlines can forfeit your rights to claims and appeals.
Claims over $100,000 must include a specific certification signed by an authorized company representative, stating that the claim is made in good faith and the supporting data is accurate and complete. An improper or missing certification can delay or derail your claim, and a false certification can create serious liability.
Yes. An REA is often a first step in resolving issues such as government-caused delays, changes in scope, or differing site conditions, and it can sometimes resolve a matter without a formal claim. Our experienced government contract lawyers help prepare REAs that are well-documented and positioned for a later claim if needed.
In most cases, yes, you have to continue performance.
You should take a cure notice very seriously. Sometimes it is the last opportunity to avoid a termination for default. Your response should address each point raised by the contracting officer in the cure notice, provide facts to support your positions, and generally make it clear that you are ready, willing, and able to perform. Click here to learn more about cure notice responses.
The government may terminate a contract for convenience or for default. A termination for convenience typically entitles you to recover certain costs and a reasonable profit on work performed. A termination for default is more serious and can affect your past-performance record and future opportunities. In addition, a default termination can result in the contractor being liable for reprocurement costs. Default terminations can be challenged, and in some cases converted to terminations for convenience. Because of the impact of a default termination on a company's past performance and the potential to have to pay the Government its reprocurement costs, contractors often find it wise to appeal the default termination, regardless of the value of the lost contract. Click here to learn more about terminations for default and cause.
Whether you need a lawyer to represent you in a bid protest depends upon the forum. Whether you should have a lawyer represent you depends upon the nature of the protest. First, a government contractor may represent itself for an agency or GAO protest. Only a protest to the Court of Federal Claims requires that a contractor be represented by legal counsel. Having a lawyer represent you at the agency, and especially the GAO, will likely enhance the likelihood of success. The experienced BCTW lawyers will ensure you identify all the pertinent grounds of protest and seek to maximize the pertinent documents produced by the agency during a GAO protest. To successfully pursue a GAO protest, a protective order is often needed for outside counsel to gain access to source selection sensitive information, such as your competitor's proposal and evaluation documents. Because of the sensitive nature of these documents, they are not available for the protesting contractor to review, only its outside counsel. Click here to learn more about why it is wise to use a BCTW government contract lawyer for your bid protest.
Your dispute might be directly with the agency, it might be indirectly with the agency, or it might be with a prime contractor or subcontractor. Disputes between primes and subcontractors are addressed in the section below.
Federal bid protests can generally be filed in three places: with the procuring agency, with the Government Accountability Office (GAO), or at the U.S. Court of Federal Claims. Each forum has different procedures, timelines, and strategic advantages. We help clients choose the forum that best fits their circumstances. Click here to learn more about the GAO protest process.
Very quickly. Protest deadlines are strict and often measured in days, not weeks.
Most GAO protests must be filed within 10 days of when you knew or should have known the basis for the protest, and challenges to solicitation terms generally must be filed before the proposal due date. If your procurement is subject to a required debriefing, then the 10 day period is tied to the debriefing. Filing within certain shorter windows after award or a required debriefing may also trigger an automatic stay of contract performance at the GAO. If you think you have grounds for a protest, contact us immediately.
If a debriefing is available, then in most cases, yes. A debriefing gives you insight into how the agency evaluated your proposal and can reveal potential grounds for protest. Requesting a debriefing on time can also affect your protest deadlines, so it is important to understand the timing before you act. Do not confuse a required debriefing with a "brief explanation of award" that is available for GSA Schedule orders. They are very different things and have different impacts upon when you have to file a bid protest.
You can typically intervene in the protest to defend the award. Intervening lets you protect your interests and respond to the protester's arguments. Timely action is important here too. Click here to learn more about why you should intervene to protect your award.
This is a common concern. Protests are a normal, legally protected part of the procurement process, and experienced contracting officials generally understand that. We weigh the business relationship alongside the legal merits and help you decide whether protesting is in your long-term interest.
Whether you need a lawyer to represent you in a bid protest depends upon the forum. Whether you should have a lawyer represent you depends upon the nature of the protest. First, a government contractor may represent itself for an agency or GAO protest. Only a protest to the Court of Federal Claims requires that a contractor be represented by legal counsel. Having a lawyer represent you at the agency, and especially the GAO, will likely enhance the likelihood of success. The experienced BCTW lawyers will ensure you identify all the pertinent grounds of protest and seek to maximize the pertinent documents produced by the agency during a GAO protest. To successfully pursue a GAO protest, a protective order is often needed for outside counsel to gain access to source selection sensitive information, such as your competitor's proposal and evaluation documents. Because of the sensitive nature of these documents, they are not available for the protesting contractor to review, only its outside counsel. Click here to learn more about why it is wise to use a BCTW government contract lawyer for your bid protest.
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