Can the Government Deny Your FOIA Request During Litigation? Submitting a FOIA request can sometimes prove fruitful during litigation. However, government contractors, or other litigants, must still be aware that a FOIA request should not be used as the basis to bring a lawsuit. During government contract disputes, a FOIA… Read more »

Sometimes government contractors under 5 USC 552 seek to get information via a Freedom of Information Act request, commonly referred to as a FOIA request, to find out information about a specific procurement or another contractor. Before you submit a FOIA request, you may want to find out if the information… Read more »

The McNamara–O’Hara Federal Service Contract Act fringe benefits provisions are included in federal government contracts or the District of Columbia contract. Each prime and subcontractor performing federal contracts have to comply with the minimum wage and safety and health standards and must maintain certain records unless a specific exemption applies. Companies… Read more »

Understanding the Liquidated Damages Provision in Government Construction Contracts

Federal contractors are being caught with submitting bids with letters of intent to hire that have no substance. Getting the proper guidance on this issue can make the difference between getting the contract or somehow getting to the point where there is a false representation. The latter can be disastrous…. Read more »

Federal government contract vehicles come in various forms. One of the most complex types is the cost-reimbursement contract. This kind of arrangement is somewhat different than the standard firm-fixed-price contract where bidders offer a flat price for their product of service. A cost reimbursement contract, on the other hand, occurs when… Read more »

Prime contractors that are bidding on government contracts often provide subcontracting opportunities to other businesses. However, there is some confusion whether a specific FAR contract flow down clause applies to subcontractors. Problem: 43% of prime contractors are not clear as to which FAR clauses must apply to subcontractors and those that… Read more »

Green procurement policy is a government contracting initiative that goes undetected by many small businesses and large contractors. There are several federal “green procurement” programs that encourage green purchasing. There are several federal “go green procurement” programs that encourage green purchasing. They include: the Green Procurement Program (GPP)Environmentally Preferable Purchasing (EPP),… Read more »

One of the most important pieces of information when developing a government RFP response is to understand how the federal government uses the best value source selection and RFP process to decide who wins the contract. What is the Best Value Source Selection Process? Government contracting agencies use the best… Read more »

When a government solicitation requires you to write a technical approach proposal, there are certain critical points to keep in mind. Understanding how the contracting agency and source selection team evaluates your proposal will also impact your approach on how to write a project proposal for your next federal contract.Writing… Read more »

Companies that become subject to ITAR compliance violations and export administration regulations can face stiff penalties. Under the ECCN and Arms Export Control Act  (22 USC 2778 and 2779), you can become subject to criminal penalties  and ITAR fines if you willfully violate any provision of §38 or §39 of… Read more »