The Termination for Convenience Clause in a federal government contract gives the agency the unilateral right to give you an early termination notice if it is in the government’s “best interest.” Sometimes there are questions as to the government underlying reasons. Regardless of fault, the termination for convenience clause requires the government… Read more »
As CEO of the company, receiving the government’s contract termination letter is one of the sudden blows that you do not usually dream of seeing. Your anticipated profits and the future of your business are at risk. Whether the agency terminates for cause or convenience, developing an immediate response is critical…. Read more »
Intervening Learning how to intervene and defend in a bid protest at GAO or Court of Federal Claims stems from a standing and litigation strategic plan. Under 4 CFR 21, An intervenor in a bid protest is typically the awardee. There is much litigation on this very issue. Government contractors must take the… Read more »
Not Protesting Government RFPs Early Can Impact Your Proposal Evaluation. As government contractors, you may sometimes run across an RFP that appears vague or even narrowly written for another contractor and you wonder whether you can file a bid protest on those grounds. In other situations, you wonder whether the… Read more »
The Department of Justice, while enforcing statutory False Claims Act penalties, obtained more than $4.7 billion in settlements and judgments from civil cases involving reporting fraud and false claims against the government in the fiscal year 2016 ending Sept. 30. See announcement here. Prime contractors and subcontractors performing on federal… Read more »
More and More federal government contractors are facing either suspension and debarment actions for ethics violations in government contracting or criminal liability for what can be arguable a failure to conduct self-policing or create the proper internal control procedures, contractor ethics and compliance audits. The objectives of internal control are… Read more »
Although congressional mandates show an increase in total small business set aside procurement, filing a bid protest that challenges the contracting agency’s decision to set aside a procurement for small businesses must be approached with extreme care. The ultimate concern under FAR 19.502 is to understand what exactly is the government contracting agency supposed… Read more »
Many government contractors struggle to understand their rights when the agency imposes a notice of termination for convenience or termination for default under the FAR. There are a myriad of situations that could amplify a contractor’s rights or, conversely, minimize them. Introduction The FAR termination for convenience clause is a crucial aspect… Read more »
When it comes to terminations for convenience in federal government contracting, the staggering statistics of cases filed at the Court of Federal Claims (COFC) should make contractors aware that the government does in fact deny claims in your final settlement proposal. Termination for convenience settlement costs become huge disputes primarily… Read more »
Some contractors find it confusing when protesting the government’s best value trade off analysis. Without having a basic understanding of the agency’s discretion compared to what the procurement regulations require, your bid protest could be at risk. Get a second bite at the apple! Without a proper understanding, contractors quickly find… Read more »