When appealing a case to the United States Court of Appeals for the Federal Circuit, the party appealing the case, usually from the Court of Federal Claims must be able to show that the Federal Circuit even has jurisdiction to hear the case. The standard of review must be established… Read more »

To effectively respond to, or negotiate the government’s suspension or debarment actions, it is important for contractors to understand the underlying legal and policy principles. Under federal government procurement regulations, debarred means  that the government can elect to prohibit any recipient of government contracts, grants, and covered Non-procurement transactions. The… Read more »

When the government issues a termination of contract for default for default, preserving your rights to appeal is one of the first things that a federal contractor must consider. What are your options? If you want to termination of contract decision to be completely overturned, you may want to ask… 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 »

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 »

Having received the government suspension or debarment notice, you have to seriously consider your company’s approach to defending and responding to the agency’s recommendation to the deciding office. Contractor suspension and debarment actions are serious business and having the right response can save your company’s future. Defending and Responding —… Read more »

The federal government’s termination for default for failure to make progress can occur when you fail to make satisfactory progress  toward completion of contract performance.  For commercial item government contracts , the  government should be allowed to demand adequate assurances that you will meet the contract terms. You must respond… Read more »

Avoid Costly Legal Mistakes When Responding to the Agency’s Cure Notice. Issuing a cure notice can be viewed as the government’s decision that will ultimately lead to a default termination notice under the FAR. The first and best defense of a Cure Notice is not to receive one.  When you receive a… Read more »

The Federal Debarment Policy for government contractors  require that businesses or subcontractors that are suspended or debarred will not be allowed  will not use funds from federal grants, fellowship, cooperative agreements, scholarships, bid on federal contracts or even apply for loans to purchase goods and services. In short, federal debarment policy… Read more »

The Default clause in government contracting states if a court finds the government’s actions are improper, a termination for default is converted to termination for convenience.  If the government and the contractor cannot reach a settlement agreements, the contracting officer will issue a decision determining the settlement based on “the… Read more »