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Benson Law Delivers REAL Results for its Clients Across All Issues
Bid Protest at GAO and COFC
Filed protest for incumbent SDVOSB contractor challenging the VA’s evaluation and award of $5mm contract to an unqualified competitor. The VA issued three separate corrective actions, all of which Benson Contract Law was able to have set aside by the Court as arbitrary and unsupported. Attorney fees paid by client were recovered under the EAJA. The contractor continues to perform under a bridge contract pending a third protest under the same solicitation, challenging the VA’s later decision to cancel the solicitation.
Termination for Default Reversed
Successfully defended contractor against USACE wrongful termination for default of medical facility contract at Al-Udeid Air Base in Qatar. Filed lawsuit at the Court of Federal Claims, entered mediation, and negotiated a settlement that included converting the default to a termination for convenience, revision of a negative CPARS rating, and payment for the contractor’s incurred costs.
Request for Equitable Adjustment (REA)
Prepared and negotiated an REA that led to a $1.3 million recovery for a women-owned small business on a Department of Labor contract. The dispute arose from government-directed changes and out-of-scope work for the design of DOL office buildings. We negotiated directly with the Contracting Officer and reached a settlement that required government revision of CPARS ratings, as well as payment of the contractor’s additional incurred project costs and consultant fees.
Complex REA Resolution
Secured favorable settlements on claims involving delays, defective specifications, differing site conditions and productivity loss
Audit and Investigation Defense
Guided clients through DCAA audits and agency investigations without escalation or enforcement action
Termination For Convenience Settlements
Assisted in preparation and successful negotiation of multiple termination for convenience settlement proposals on construction contracts, including navigating a DCAA audit and successful resolution of a pending request for equitable adjustment. Favorable settlements achieved, including recovery of costs, consultant fees, and interest.
Claims Strategy Leadership
Guided contractors through certified REAs and CDA claims from evaluation through negotiation and resolution
CPARS Rating Protection
Defended contractors against improper performance evaluations and secured corrected or improved ratings
Miller Act Enforcement
Asserted and pursued Miller Act bond claims to protect subcontractor payment rights
VECP Value Capture
Helped secure acceptance of a $3 million Value Engineering Change Proposal on a federal building contract
Pre-Litigation Dispute Resolution
Resolved high-risk disputes through negotiation and mediation before litigation became necessary
Compliance Risk Mitigation
Advised contractors on FAR, Buy American Act, and small business compliance to avoid disputes before they arise