Government construction claims resolution and appeals in federal government contracts have become a nightmare for construction contractors that are filing disputes and appeals or initially submitting claims to the federal government. This is even true for settlement proposals in termination for convenience cases. The COFC or Board of Contract Appeals dismisses… Read more »
A common problem under the Contract Disputes Act of 1978 (CDA) when the subcontractor engages in a subcontract with the General Contractor seeking pass through rights in the event of a claim against the federal government. Understanding the various levels of disputes is critical to how subcontractors should proceed. Subcontractor… Read more »
An agency’s fear of construction bid bonds can become problematic and cause contractors to file a GAO protest. Bid bonds for construction guarantees are forms of security that ensure that a bidder will not withdraw its bid within the period specified for acceptance and, if required, will execute a written contract and… Read more »
Your company would like to broaden its horizons and deepen its corporate contracts by venturing into the government contracts arena through 8a certification with the Small Business Administration (SBA). Great. But, before you do, make sure the company is prepared to meet the rigorous SBA 8a certification requirements. Section 8(a) Certification… Read more »
Avoid Getting Your Case Dismissed on Appeal. A contracting officer’s final decision in federal government contracting carries a lot of weight. For example, a contracting officer is the final authority for approving or denying construction claims or requests for equitable adjustments. Small business contractor lawyers and non-government contracting attorneys often… Read more »
Anti Kickback Statute Resolving Challenges of Fraud and Penalties The Federal Anti-Kickback Statute, cf. 42 USC1320a-7b(b), is a criminal law making it a felony to knowingly and willfully offer, pay, solicit, or receive remuneration, directly or indirectly, in order to induce business that is reimbursable under any federal healthcare program,… Read more »
Resolve Invoice Problems With the Government in a Cost -Effective Way What is the Prompt Payment Act? The Federal Prompt Payment Act (PPA), 31 USC 3901-3905 is a federal law in the United States that was enacted to ensure that government contractors are paid promptly for their services and goods provided… Read more »
There are subtle differences between the government contract termination for convenience vs termination for default clause in federal government contracts decisions. Contractors who incorrectly respond to termination by default or cause quickly find the painful and subtle differences, especially at the appeals stage. The same is true when the… Read more »
For government contractors, there are two primary mechanisms to address disputes related to federal government contracts: filing a government protest and filing a Contract Disputes Act (CDA) claim. While both processes aim to resolve disputes related to government contracts, they are distinct and differ in their procedures and outcomes. When… Read more »
Striking a balance between conservatively following government contract regulations and allowing your business to run effectively without over-compliance is not an easy road to hoe. Whether your business’ procurement compliance program is non-existent and may result in government authority knocking at the door at any moment or is over-burdensome and… Read more »