Criminal Defense for Defrauding SBA Disadvantaged Small Business Program

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 »

Federal Breach of Implied Duty of Good Faith and Fair Dealing

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 »

Difference Between Actual vs Apparent Authority In Government Contracts?

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 »

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 »

Approach for Technical Proposal for Construction Project – Federal

 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 »

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 »