Federal Breach of Implied Duty of Good Faith and Fair Dealing

Avoid Legal Landmines When Asserting that the Government Breached of Duty of Good Faith and Fair Dealing. Government contractors often struggle with the next steps when the agency does act fairly in providing accurate CPARS ratings. The government sometimes refers to the expressed contract clauses during litigation in order to… Read more »

Government Contract Bundling What are the Rules?

Understand the Rules When You Allege Government Contract Bundling As a small business, you may often wonder whether the government contracting agency is unlawfully engaging in bundling their contracts. Others may wonder whether there is anything they can do about it.  The first thing that small businesses must do is… Read more »

Bid Protest Challenging Technical Evaluation Scores as an Incumbent

Simply Depending on Your Experience as an Incumbent Does Not Get the Win When challenging a government contracting agency’s technical evaluation scores as an incumbent contractor, whether for past performance or overall technical approach, you must be mindful that if you are the incumbent contractor, that status alone does not provide… Read more »

Contractor Teaming Agreement Best Practices

Applying contractor teaming agreement best practices can create a great tool to “get your foot in the door” in Federal government contracting.  As best practices for small business success in government contracting, they are vital when bidding for substantially large contracts, such as federal government agency projects.  However, federal contractors should… Read more »

Difference Between Actual and Apparent Authority In Government Contracts?

In government contracting, there are harsh rules about apparent authority. The issues usually arise when contractors follow directions of Program Managers and Contracting Officer Technical Representatives (COTR).   Knowing the difference between actual and apparent authority can help you develop a better strategy when filing a contract claim against the government. Without… Read more »

Defending and Responding to Contractor Suspension and Debarment

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 actions are serious business and having the right response can save your company’s future. Defending and Responding — Initial Approach Your… Read more »

Proposal Joint Venture Requirements & Federal Government Contracts

Small businesses considering submitting a joint venture  proposal for federal government contracts must be aware of certain legal landmines when bidding. The most important aspect of using a JV business relationship is to avoid affiliation while making sure that the joint venture agreement meets statutory requirements. Small businesses that are 8(a)… Read more »