Avoid Costly Mistakes Under the New Joint Venture Rule The new SBA joint venture agreement regulations primarily focus on broadening the exclusion from affiliation for small business size status. See 13 CFR 121.103(h). Specifically, the new rule allows two or more small businesses to joint venture for any procurement without being… Read more »

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 »

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 »

When a contracting officer denies a claim under the Contract Disputes Act, filing an appeal to the Civilian Board of Contract Appeals (CBCA) would be the next step. Not all contract claims against the federal government are filed at the civilian board. Therefore, government contractors must be careful choosing the forum… 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 »

Avoid Landmines When Asserting Breach of Good Faith Contracts Government contractors often struggle with the next steps when the agency does act fairly. The government sometimes refers to the expressed contract clauses during litigation in order to eliminate any other contract remedies to businesses that exercise their rights to a… 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 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 »

When your contract is terminated for default, the agency must issue a contract termination letter. (see 49.601). Responding to the termination of contract letter and taking the next steps could be problematic if you do not understand the process. Failure to give written notice could create substantive right violations and potentially due… Read more »