Importance of FAR 9.4 Debarred Definition and Meaning

To effectively respond to, or negotiate the government’s suspension or debarment actions, it is important for contractors to understand the underlying legal and policy principles. Without understanding the reasons for the rule, a contractor will almost always fail to the target the right issues to discuss when responding to the… Read more »

Mandatory FAR Contract Flow Down Clauses in Federal Government Contracts

Prime contractors that are bidding on government contracts often provide subcontracting opportunities to other businesses. However, there is some confusion whether a specific FAR contract flow down clause applies to subcontractors. The reality is that different types of contracts woul have varying flow down clauses. Problem: 43% of prime contractors are… Read more »

How Appeal Courts Look at Contract Termination for Default Cases

When a federal government agency terminates your contract for default (T4D), the next steps and whether you have a good chance of appealing the contracting officer’s final decision can be challenging.  Although the decision has been made to terminate the contract for default, knowing how the appeal courts look at… 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 »

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 »