When filing an appeal from a contracting officer’s final decision denying a demand for payment under the Contract Disputes Act of 1978 (CDA), 41 USC 7101-7109, in order for the appeals court to hear your case, it must have jurisdiction to hear it. A common mistake made by government… Read more »
Defending small business fraud cases involving government contracts can be a contractor’s worst nightmare. Hiring local criminal defense counsel that is experienced in federal procurement law can be equally challenging. Federal prosecutors know this. Hence, the higher percentages of convictions for them. Learn how to increase your chances of prevailing…. Read more »
An excusable delays in construction 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… Read more »
Avoid Legal Landmines When Asserting that the Government Breached of Duty of Good Faith and Fair Dealing When Submitting Government Contract Claims. Government contractors often struggle with the next steps when the agency does act fairly in providing accurate CPARS ratings. In addition, some contractors are not fully aware of… Read more »
In government contracting, there are harsh rules about apparent authority. The issues usually arise when contractors follow directions of Program Managers and Contracting Officer Technical Representatives (COTR). Knowing the difference between actual and apparent authority can help you develop a better strategy when filing a contract claim against the government. Without… Read more »
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 »
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 »
Avoid Costly Legal Mistakes When Responding to the Agency’s Cure Notice. Issuing a cure notice can be viewed as the government’s decision that will ultimately lead to a default termination notice under the FAR. The first and best defense of a Cure Notice is not to receive one. When you receive a… Read more »
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 »
Writing a technical proposal for construction projects to the federal government 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… Read more »