Government Procurement Special Performance Issues

Foley’s Government Procurement attorneys can help you anticipate and meet the challenges contracting with the government often presents.

Contracting with the government triggers a unique set of performance challenges. Sometimes these challenges can be anticipated; other times they come as a complete surprise. Experienced contractors plan for both the expected and unexpected. We can help in that planning process to help minimize risk, maximize recovery, and navigate the maze of regulatory requirements inherent in government procurement.

We provide counsel in the areas listed below.

Representative Matters

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Assisted a commercial specialty contractor working as a subcontractor on an Army Corps of Engineers contract, in the preparation of numerous requests for equitable adjustments due to government directed changes to the work in installing engine test cells at an Army facility. This work required extensive review of records and technical information to determine the complete impact to the company (financial and schedule) of government directed changes and defective specifications. The REA has been converted to a claim under the federal Contract Disputes Act.
Represented a small Wisconsin manufacturer of military equipment. The company had numerous small contracts for which it was entitled to price and/or schedule relief. Several had been terminated for default. Foley was able to convert the terminations for default to terminations for the government's convenience, and favorably settle all claims during the claims appeal process.
Drafted a request for equitable adjustment for Sygnetics, Inc. caused by government directed changes to their contract. When negotiations stalled, the REA was converted to a claim and the adverse contracting officer decision appealed to the Armed Services Board of Contract Appeals where it was contested. Settlement was reached on the eve of trial.

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