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Litigation Services Handbook: The Role of the Financial Expert, 5th Edition by David P. Hoffman, Daniel G. Lentz, Roman L. Weil

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Chapter 27

Federal Contract Disputes*

Robert A. Esernio, Jr.Nancy J. Harrison

27.1 Introduction

Federal contractors and subcontractors who receive federal funds must comply with the government's procurement Federal Acquisition Regulations (FAR), which include myriad complex administrative, accounting, and contract requirements. As a result, federal contractors often find themselves the target of a contract dispute or formal allegation and will often use consultants and financial experts to help resolve these administrative or formal contract disputes. The need for experts exists throughout a contract's time span because disputes can occur prior to the award of a contract, at any time throughout a contract's performance period, or many years after physical completion. In a dispute setting, experts who can master the evidence and then demonstrate and apply their knowledge of the procurement rules can influence entitlement (i.e., liability) as well as quantum (i.e., damages).

This chapter provides an overview of the many types of federal contract disputes and how a consultant or financial expert can assist in the resolution process. The chapter does not attempt to explain the details and nuances of the federal procurement rules nor analyze the related case law interpretations; we refer the reader to other books on these subjects.1 This text cites the pertinent laws and regulations to aid in describing the role of an expert during a federal government procurement dispute.

This chapter ...

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