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 »
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 »
The McNamara O Hara Contract Act mandates that federal contractors and subcontractors performing services on prime contracts in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in that specific locality, or the rates (including prospective increases) contained… Read more »
Federal contractors are being caught with submitting bids with contractor employment 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… Read more »
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 »
Not all contractor FAR Clauses are Mandatory Flow down Clauses to government subcontractors. 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… 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 »
Avoid the deadliest mistakes when submitting best value bids to the government. One of the most important pieces of information when developing a government RFP response is to understand how the federal government uses the best value source selection and RFP process to decide who wins the contract. Contractors bidding… Read more »
When a government solicitation requires you to write a technical approach proposal, there are certain critical points to keep in mind. Understanding how the contracting agency and source selection team evaluate your proposal will also impact your approach on how to write a project proposal for your next federal contract…. Read more »
Companies that become subject to ITAR certification compliance violations and export administration regulations can face stiff penalties. Under the ECCN and Arms Export Control Act (22 USC 2778 and 2779), you can become subject to criminal penalties and ITAR fines if you willfully violate any provision of §38 or §39… Read more »