Government Claims and Bid Protests

In recent years, Wilke Fleury has devoted increasing energies to assisting contractors in pursuing monies owed under government contracts, including through the preparation of requests for equitable adjustment, certified claims, and—where necessary—administrative appeals and civil complaints. A request for equitable adjustment (“REA”) seeks a modification of one or more contract clauses, usually designed to obtain additional funds or additional time to complete a job (or portion of a job). A claim consists of a demand or assertion that the contractor is entitled to relief under the terms of a contract or due to breach of that contract. REAs and claims submitted to the federal government oftentimes must be “certified,” which certification consists of a recitation by the contractor that that the data supporting the REA or claim is accurate and complete. Federal government REAs and claims are generally governed by a set of laws called the Federal Acquisition Regulations, or “FARs.” Similar claims against state or municipal entities are governed by the respectively applicable state or municipal bodies of law. Where claims are denied by the agency at issue, or “deemed” denied due to a lack of response, the contractor may file an administrative appeal or civil lawsuit seeking recoupment of the monies at issue. Wilke Fleury handles all aspects of the above process, working closely in concert with its clients to achieve the best result possible.

Wilke Fleury also provides representation in bid protests pursued and defended by government contractors. In that vein, most government projects are initiated via a governmentally-issued request for proposal (“RFP”) that is publicly disseminated. Interested bidders must submit “responsive and responsible” bids, the lowest of which is generally awarded the contract (some bids also are conducted using a point system). From time to time, the bid award is “protested” by one or more losing bidders, and the protest process is handled under a specific framework that depends on the governmental entity and contract at issue. Bid protests typically occur within a constricted period of time, and Wilke Fleury has the firepower to handle the intensive work this practice area demands. Wilke Fleury’s attorneys have successfully prosecuted bid protests on behalf of aggrieved bidders, and successfully defended protests lodged against the winning bidder.