IDIQ Contracts & Government Contract IDIQ Minimum Guarantee Payment

IDIQ Task Order Contract – Dealing  With the Government Minimum Payment The United States federal government and its procurement agencies use a variety of  IDIQ contract vehicles to procure services and products. One typical example is the indefinite delivery / indefinite quantity IDIQ contract vehicle. What are IDIQ Contracts? When… Read more »

Sealed Bid Definition – Government Bids and Proposal Process

A sealed bid is a procurement method used in the government bid and proposal process to obtain government contracts.  Sealed bidding varies from traditional government proposals; it is important to understand the differences and the nuances that go along with a sealed bid. Sealed Bid Process Sealed bidding is primarily used for… Read more »

Government Contract Dispute Claims Resolution

Although government contracting can be a lucrative business venture, contract dispute claims resolution with the government can sometimes be daunting and stressful. Oftentimes, businesses believe that they are doing ‘the right thing’ when the Contracting Office Representative orders them to perform extra work. Businesses may also believe that agencies will… Read more »

Federal Construction In Scope vs Out of Scope Work Changes

In government construction contracting, a general contractor often litigates contract disputes about construction scope of work changes but often finds after thousands in litigation costs, that it has either failed to follow FAR procedure or took a substandard technical approach to getting paid.  For large federal projects, the risk of losing… Read more »

VA SDVOSB Sole Source Contract & Rule of Two

There is a lot of confusion among small businesses when applying Service Disabled Veteran Owned Small Business SDVOSB sole source and VA Rule of Two Small Business rules versus SDVOSB set aside requirements. As a result, there are many unsuccessful bid protests filed on this matter. SVOSB Sole Source Contracts: Generally, an agency contracting officer can award… Read more »

FAR Part 16.2 Economic Price Adjustment Clause

Under the Federal Acquisition Regulations (FAR) “fixed-price government contracts with an economic price adjustment clause provides for upward and downward revisions of the stated contract price upon the occurrence of specified contingencies.” This is covered in FAR Part 16.203-1(a).  To establish a case or bid protest challenging the agency’s improper use of… Read more »

ITAR Compliance and Export Control

In the past four years, ITAR certification requirements and ITAR compliance violations are becoming more commonplace in the news and headlines.  There is more to export control and compliance certification than just paying the registration fees to DDTC.  Given the increased oversight of import and export companies, the federal government… Read more »

Equitable Subrogation and Miller Act Claims

When filing claims against the government, under the theory of equitable subrogation, there are some tricky rules of law in place. For example, in a recent Court of Federal Claims case, Fidelity and Guaranty Insurance Underwriters, et al. v. United States, No. 14-84 C (Nov. 19, 2014), the court ruled that under… Read more »

Federal Government Pricing For Defense Contracts

Federal Government pricing for defense contracts can be a nightmare for contractors that are not familiar with bidding on federal contracts. Even the larger and more experienced companies performing DOD contracts see the landmines when they engage in bid protest litigations.  For example, inadequate federal government pricing can to proposal… Read more »

ITAR Compliance Penalties – Difference Between ITAR and EAR Requirements (EAR vs ITAR)

When it comes to understanding ITAR compliance requirements and compliance penalties, the Justice Department government has no doubt increased oversight for government contractors, commercial organizations, and individuals for potential EAR vs ITAR laws breaches and non-compliance with import-export regulations. Many companies relax their standards and many do not even have an ITAR Compliance Statement…. Read more »