Kingdomware Technologies & the Department of Veterans Affairs
Within the GAO there are many examples of reports that deal with contract disputes between private contractors and the government. These disputes often arise from one of the parties failing to comply with the aspects of the contract or in some cases the contractors may feel the government violated particular laws that may have not given them a far chance to bid on the contract. After carefully reviewing several different reports there are those that have some aspects of contract dispute but there is one that stands out to me because the contractor clearly feels they were not given a fair chance in bidding on the contract and they feel they were not given a fair chance. The contractor does have a valid point but to understand the issues presented in the report it is important to understand how issues of contract disputes are handled. When a dispute arises within a contract between the contractor and the government it is different from contract disputes in the private sector because in the private sector the contractor can stop working and seek recourse with the state courts. For a federal contractor they have a legal duty to proceed “diligently” and comply with the direction of the CO, even if in the opinion of the contractor that direction represents a material breach of contract (Engelbeck.2002. Pg. 387). With the passage of the Contract Disputes Act of 1978 it helped to establish a dispute process for all government agencies and spells out how contract disputes are handled. When a contractor makes a claim it requires the CO to make a timely decision and shows that the claim must be submitted in writing to the CO. The CO then has to follow the rules set out in the FAR and the government gets both parties to understand the facts of the dispute. The CO then has to decide to either accept or challenge...