Novating a contract that involves a federal government contract can be painless so long as buyers and sellers of businesses understand how the process works. In addition, before committing to a future sale or purchase of a business, understand the difference between a novation vs assignment. All should be aware… Read more »
When submitting a bid for federal contractors, contractor representations and certifications (proposal’s reps and certs ) can become a serious issue. Bidders are sometimes sanctioned with false claims and potential suspension and debarment when submitting proposals to the federal government. Failure to perform due diligence with your company reps and… Read more »
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 novation law and the sale of a business and assignment of contract issues. There are various legal nuances involved with assignment and… Read more »
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 »
When applying the rule for establishing Buy American Act countries and the TAA compliant 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… Read more »
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 Service Contract Act (SCA Contract) mandates that federal contractors and subcontractors performing services on prime contracts in excess of $2,500 must 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… 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 »