When your contract is terminated for default, the agency must issue a contract termination letter. (see FAR 49.601). Responding to the contract termination letter and taking the next steps could be problematic if you do not understand the process and what standard the government must meet. By learning the rules,… Read more »
Many government contractors submit IDIQ proposals for indefinite quantity contracts expecting a guaranteed minimum requirements from the government. Not all agencies comply with the stated contract requirements and may be in breach of contract. However, bidders should exercise caution when reading the solicitation. When the language is clear in the solicitation and the government… Read more »
When the government terminates your company for default (otherwise known as termination for cause), understanding your rights and the contract termination process when you challenge a default notice can be crucial to your company’s future. Waiting until the government uses the contract termination clause to then react can put you… Read more »
When you submit your proposals for government contracts, bidders often forget to actually check their Offeror Representations and Certifications or reps and certs form and comply with FAR 52.212-3. There Can be Consequences for Misrepresentation Failure to check you reps and certs for each bid submission can sometimes create problems. This can… Read more »
What is the Best Approach to Challenge the Requirements Under FAR 52.219-9? Minimize the Chance of Noncompliance and Contract Termination FAR 52.219-9 small business subcontracting plan requirements are frequently seen in solicitations from the federal government. The underlying reason is to advance opportunities for small businesses in larger contracts. Contractors… Read more »
Oftentimes government contractors may want to file SBA size standards protest because they have reason to believe that the awardee does not meet the definition of a small business. However, given the short deadlines, companies have a difficult time explaining why the competitor is not a small business. This procedural requirement… Read more »
Under Section 12 of the Contract Disputes Act (CDA), government interest payments for CDA claims starts from the time the contracting Contract Disputes Act Interest Rates The rate of government interest payments for CDA claims is established by the Secretary of the Treasury. The interest rate generally changes every six months. This… Read more »
Under SBA small business regulations, the ostensible subcontractor rule requires that when a subcontractor is actually performing the primary and vital contract requirements of the contract, or when the prime contractor is unusually reliant upon the subcontractor, the two firms are affiliated for purposes of the procurement at issue. The rule’s purpose… Read more »
Whenever government contractors file a bid protest addressing the government cancellation of solicitation, there are certain considerations they must contemplate. For example, in a recent GAO protest, Matter of: TaxSlayer LLC, the firm protested the Government’s cancellation of the solicitation and GAO did not agree with protestor’s arguments. GAO disagreed… Read more »
Avoid Costly Legal Mistakes When the CO terminates your contract for default. There are certain things to look for when you receive the notice of termination. The below information helps government contractors to make an informed decision on whether or not to appeal the decision. Both FAR terminations for default… Read more »