Assets Purchase Agreement & Government Contract Novation 41 USC 15

As a government contractor, or company seeking to buy a business where federal contracts are involved, you must consider the various implications you face given the federal regulations governing the sale of a business and assignment of contract issues. There are various legal nuances involved such as whether or not… Read more »

Government Proposal Writing and Bid Submission Mistakes

Part of a bidder’s government proposal writing efforts is to make sure that it follows the bid submission directions in the solicitation. As obvious as this may sound, companies have been known to make mistakes and cause their proposals to be rejected by the contracting agency. In a recent case,… Read more »

Buy American Act Countries List — Fair Trade TAA Compliance Rules?

When applying the rule for establishing Buy American Act qualifying countries of origin, contractors doing business with the federal government should understand the basics of Buy American Act compliance. Many companies make dangerous mistakes and find themselves facing costly penalties and fines(including losing lucrative federal contracts in a bid protest.) Federal regulatory… Read more »

Using FOIA Request During Litigation

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 »

Freedom of Information Act 5 USC 552

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 »

Federal Service Contract Act SCA Fringe Benefits & SCA Wage Determination

The McNamara–O’Hara Federal Service Contract Act SCA 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…. Read more »

Contractor Letter of Intent to Hire – Bait and Switch Protests

Federal contractors are being caught with submitting bids with  contractor letter 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… Read more »

Understanding Federal Cost Reimbursement Contract Rules

Federal government contract types come in various forms. One of the most complex types is the cost-reimbursement contract. Federal courts have imposed False Claims Act liability for underbidding in cost-reimbursable contracts. United States ex rel. Loughren v. Unum Group, 613 F.3d 300, 310 (1st Cir. 2010). This kind of arrangement is somewhat… Read more »

Mandatory FAR Contract Flow Down Clauses in Federal Government Contracts

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. The reality is that different types of contracts woul have varying flow down clauses. Problem: 43% of prime contractors are… Read more »

Go Green Products and Federal Government Contract Purchasing

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 »