Environmental cleanup costs incurred with government contracts can be extremely high when applying Public Law 85-804. It is important to understand when you, as a government contractor, are liable for these costs and when you may be able to recover them from the Federal Government, potentially saving you millions of dollars. Allowable… Read more »
Getting non responsibility determinations can cripple your chances of winning a federal government contract. For example, when you submit a government proposal, your past experiences can sometimes take a toll on whether you get the award. More specifically, when the agency issues a non responsibility determination under the FAR for past… Read more »
When it comes to GAO acceptance of late proposal submission exception in bid protests, many contractors wonder what happens if their Request for Proposal (“RFP”) submission is late and if there are any exceptions that allow for relief. While it is an offeror’s responsibility to deliver its proposal to the proper… Read more »
When it comes to the Federal Acquisition Regulation (“FAR”) Mandatory Disclosure Rules (MDR) under FAR 52.203-13 and FAR 52.203 13 many DOD contractors wonder what they must disclose to the government after the contract award has been awarded the contract, if anything. Before they can figure it out, many often find… Read more »
When it comes to unduly restrictive language and government protests, to prevail in litigation, you first must understand the parameters in which the government contract write its requests for proposals. Many contractors wonder whether the government can unduly restrict competition. “Unduly restrictive Solicitations” means that you are challenging both the restrictive… Read more »
Given the increase in government contract fraud and procurement fraud activity, in 2006, the National contract government procurement Fraud Task Force was formed to promote the early detection, identification, prevention, and prosecution of procurement contract fraud. Government contractors are more exposed to investigations and are finding themselves facing more criminal charges and… Read more »
When a government agency submits a request for proposal (“RFP”), the agency can make amendments and changes to the government solicitation requirements. The Federal Acquisition Regulation permits agencies to request revised government proposals, even where the original awardee’s price has been disclosed. Jackson Contractor Grp., B-402348.2 (2010). Agency Discretion with… Read more »
It is important to keep up with recent US FCPA cases so that you do not find yourself in a similar situation. In 2014 alone, the Securities and Exchange Commission (“SEC”) has charged major companies, such as Smith & Wesson and Hewlett-Packard, with violating the Foreign Corrupt Practices Act (“FCPA”). … Read more »
Federal government construction contractors often lose a considerable amount of money when the contracting officer denies a construction delay claims under the FAR Changes Clause. The first concern is to know whether your claim is actually a compensable claim or not. For example, under FAR construction regulations, all excusable delays will… Read more »
To get a government contract claim excused from performance due to defense to breach of contract of impossibility or commercial impracticability, you must inform the contracting officer early in the process. You cannot wait until the case is at the appeals level to bring it up. Failure to follow this simple… Read more »