On the issue of False Claims Act liability, there are varying opinions about the liability of the main contractor for a subcontractor. The bottom line is that both prime contractors and independent contractors can be liable under the Federal False Claims Act. The DOJ and various agency IG offices have… Read more »
An agency post-award FAR part 8 debrief occurs when you have participated in bidding for government contracts awards and receive an unsuccessful offeror letter. In your request, the Agency should tell you about your proposal and provide you with important feedback. A common problem occurs when contractors guess incorrectly when… Read more »
Launching a best value bid protest very common and among the most litigated cases before GAO. Oftentimes, agencies do not follow the solicitation’s requirements. However, to attack the agency’s actual evaluation needs an argument that is more than just a disagreement. Instead, attacking the best value evaluation requires a showing… Read more »
Positioning Small Businesses for Federal Government Contracts and SDVOSB Contracting : SDVOSB Certification Requirements, Mistakes to Avoid, and Preventing SDVOSB Fraud Introduction: Small businesses play a crucial role in the economy, driving innovation, creating jobs, and contributing to local communities. For many small businesses, securing federal government contracts can provide… Read more »
Avoid Mistakes in Bid Protests Federal government contractors often have many questions about the Ostensible Contractor Rule and how it can impact the award of the contract. The bottom line is that if you are submitting government proposals as a small business, you want to stay away from the possibility… Read more »
The Prompt Payment Act (PPA), as enacted by Congress requires the government to pay invoices by the required due date. As a practical matter, the federal government usually pays invoices within 30 days. However, this does not always happen. As a government contractor, your ability to collect prompt payments from the federal government is essential to… Read more »
Beware of an Improperly Drafted Government Contractor Teaming Arrangement Using a Small business contractor teaming agreement is becoming a hot topic with small business set aside awards. The SBA’s new rules about affiliation do not help matters much. However, there are some benefits to properly structuring contractor teaming arrangements and… Read more »
Do You Know the Next Steps for Your Suspension and Debarment Appeals? As a government contractor, you must be aware that the Board of Contracts Appeal does not have jurisdiction to review suspension and debarment appeals decisions. See Inter-Continental Equipment, Inc., ASBCA No. 38444, 90-1 BCA122,501 at 112,956 (holding the Board lacks… Read more »
As a government contractor, you should quickly become aware of federal government performance based contracts under FAR Part 37. This is critical at the bidding stage as well as understanding your obligations at the performance stage. Responding to government bids creates much confusion for businesses that are not familiar with… Read more »
Debriefed? Now What? As a corporate decision to challenge a recent government contract award, getting a pre award or post award debriefing before filing a bid protest letter at GAO is one of the most valuable tools that government contractors can use. One reason is that as a practical matter you… Read more »