As a federal government contractor, your contract past performance is recorded by having CPAR ratings under FAR Part 42. The past performance evaluation system (PPIRS) is intended to develop a paperless reporting system that allows federal contractors to review and dispute information they believe is not accurate. The problem with CPARS… Read more »

Failure to Follow CDA Claims Filing Requirements Will Get Appeal Dismissed If the Contracting Officer issues a final decision denying your contract claim against the government, you have rights to appeal the decision to the Civilian Board of Contract Appeals (CBCA). However, there are specific procedural rules and activity that… 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 »

In a recent case, a government contracting agency won on its motion to dismiss an appeal under the Contract Disputes Act because the claim was essential a request for routine payment. Businesses must be aware of the dangerous problem because it can impair the court’s jurisdiction to hear the appeal… Read more »

Government contractors often find themselves in a precarious position when they file a request for equitable adjustment (Government REA Contracting Act) but later made the argument that it meets the requirements of a Contract Disputes Act claim. Understanding the applicable laws can save contractors thousands in attorney fees when seeking… Read more »

Varying Surety Bond Requirements Take Different Legal Paths to Resolve Avoid Costly Legal Mistakes. Given the amount of construction in federal government construction contracts, there are provisions that allow for large contractors and DOD small businesses to secure projects. There are various surety bond requirements that must be met. For… Read more »

When a federal government agency terminates your contract for default (T4D), the next steps and whether you have a good chance of appealing the contracting officer’s final decision can be challenging.  Although the decision has been made to terminate the contract for default, knowing how the appeal courts look at… Read more »

When filing an appeal from a contracting officer’s final decision denying a demand for payment under the Contract Disputes Act of 1978 (CDA), 41 U.S.C. §§ 7101-7109, in order for the appeals court to hear your case, it must have jurisdiction to hear it. A common mistake made by government… Read more »