FAR 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 »
After federal contractors acquire government contracts, some of them seek an exit strategy structuring a merger and acquisition of the company. However, when compared to the traditional commercial practice, when there are existing government contracts involved, buyers and sellers should beware. If you are contemplating joining your company with a… 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 »
Understand the Rules When You Allege Government Contract Bundling As a small business, you may often wonder whether the government contracting agency is unlawfully engaging in bundling their contracts. Others may wonder whether there is anything they can do about it. The first thing that small businesses must do is… Read more »
Simply Depending on Your Experience as an Incumbent Does Not Get the Win When challenging a government contracting agency’s technical evaluation scores as an incumbent contractor, whether for past performance or overall technical approach, you must be mindful that if you are the incumbent contractor, that status alone does not provide… Read more »
Applying contractor teaming agreement best practices can create a great tool to “get your foot in the door” in Federal government contracting. As best practices for small business success in government contracting, they are vital when bidding for substantially large contracts, such as federal government agency projects. However, federal contractors should… 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 »