Excusable and Non-Excusable Delay in Government Contracts

An excusable delay in federal contracting relates to an unforeseeable delay and those that go beyond the contractor’s control. On the other hand a contract delay that is considered non-excusable is  in fact foreseeable. The difference drives whether the contractor or the government must bear the risk. Other issues about… Read more »

Federal Breach of Good Faith Contracts and Duty of Fair Dealing

Avoid Landmines When Asserting Breach of Good Faith Contracts 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 eliminate any other contract remedies to businesses that… Read more »

What is Apparent Authority In Government Contracts?

In government contracting there are harsh rules about apparent authority. The issues usually arises when contractors follow directions of Program Managers and Contracting Officer Technical Representatives (COTR). Without a clear understanding of the basic rules, apparent authority arguments can have brutal impacts to a contractor claims against the government. Appellate… 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 »

Contract Termination for Failure to Make Progress

The federal government’s termination for default for failure to make progress can occur when you fail to make satisfactory progress  toward completion of contract performance.  For commercial item government contracts , the  government should be allowed to demand adequate assurances that you will meet the contract terms. You must respond… Read more »

Federal Debarment Policy

The Federal Debarment Policy for government contractors  require that businesses or subcontractors that are suspended or debarred will not be allowed  will not use funds from federal grants, fellowship, cooperative agreements, scholarships, bid on federal contracts or even apply for loans to purchase goods and services. In short, federal debarment policy… Read more »

Federal Construction Technical Proposal Approach

 Writing a federal construction technical proposal requires contractors to not only tell the agency how they intend to perform each aspect of the statement of work but most importantly to address risk factors. Most construction technical proposal fail simply because they do not address meeting or exceeding schedules or not identifying… Read more »

When is Termination for Default Converted to Termination for Convenience?

The Default clause in government contracting states if a court finds the government’s actions are improper, a termination for default is converted to termination for convenience.  If the government and the contractor cannot reach a settlement agreements, the contracting officer will issue a decision determining the settlement based on “the… Read more »