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 »
Understanding the Difference Between Meaningful Discussions and Unequal Discussions Can Improve Your Chances of Winning Bid Protests A common misunderstanding in analyzing meaningful discussions as compared to unequal discussions in bid protests is the legal application under the FAR and in a bid protest forum such as the GAO. Without a clear understanding, contractors… Read more »
When deciding whether the contracting officer or agency can accept a late bid proposal submission, there are some very harsh decisions both at GAO and at the U.S. Court of Federal Claims. A recent GAO Case dealt with late proposal submission in a reverse auction. GAO found that the protestor had… Read more »
During a termination for default (also referred to as termination for cause) appeals case, contractors often find themselves facing harsh procedural court rulings that cause them to lose the case. As a party to the appeal, you must prove facts supporting any allegations that you make. Submission on the written record… Read more »
Contractor termination is common in federal government contracting. Whether the government’s decision is to terminate a contract for default or convenience, each type will make a huge difference as to your next steps. Not all government contractor terminations are as simple to challenge as most businesses may think. Evidence in… Read more »
When it comes to government claims and supporting documentation to validate the claim, contractors are often faced with repetitive demands from the agency for receipts and other data to justify the submitted claim. Such frustration can also cause companies to make costly legal mistakes. Meeting the Legal Requirements of Government Claims… Read more »
Avoid Costly Legal Mistakes With Miller Act Pay When Paid Clause In Your Independent Contractor Agreement Government construction contractors can quickly find themselves in a dispute when applying the Miller Act pay if paid clause. This tool is often used to shield prime contractors from paying their subs when the agency… Read more »
Knowing the Different Types of Unforeseen Differing Site Condition Claims Under FAR 52.236-2 Can Help You Get Paid Faster When submitting claims against the federal government for additional costs on the project site, or litigating in appeal cases involving differing site condition claims in government construction contracts, companies, quickly find out that… Read more »