Asset Purchase Agreement & Government Contract Novation

As a government contractor, or company seeking to buy a business where federal contracts are involved, you must consider the various implications you face given the federal regulations governing novation law and the sale of a business and assignment of contract issues. There are various legal nuances involved with assignment and… Read more »

CPAR Ratings & Past Performance of Contract Report

Avoid Costly and Painful Mistakes that Other Government Contractors Make With Performance of Contract Ratings. As a federal government contractor, your contractor past performance evaluation is recorded by having CPAR ratings under FAR Part 42. The Contractor Performance Assessment Reporting System (CPARS) might allow for valid reasons why the agency may have given… Read more »

FAR Sole Source Justification Contracts

Small businesses involved in government contracting find themselves excluded from opportunities because of FAR sole source justification contracts. Government contract law allows federal agencies the opportunity to award sole source contracts, so long as the explanation is reasonable and does not violate other regulations. Do Government Sole Source Contracting Justifications Violate… Read more »

Understanding Federal Cost Reimbursement Contract Types

Federal government contract types come in various forms. One of the most complex types is the cost-reimbursement contract. Federal courts have imposed False Claims Act liability for underbidding in cost-reimbursable contracts. United States ex rel. Loughren v. Unum Group, 613 F.3d 300, 310 (1st Cir. 2010). This kind of arrangement is somewhat… Read more »

Avoid Severin Doctrine Litigation Claims & Appeal Mistakes

In a recent case appealing a claim against the government, the agency filed for summary judgment invoking the Severin doctrine. Government contracts must be aware of this rule when appealing a government contract claim denial. What is the Severin Doctrine? This rule comes from the case of Severin v. United… Read more »

Government Procurement Fraud Crimes & Aggressive Agency Contract Investigations

Agencies continue to increase oversight with government contract investigations for Government procurement fraud and prosecuting crimes against federal contracting agencies. A federal government contractor in Alexandria, Virginia was sentenced to 16 months in prison, followed by two years of supervised release, for conspiracy to commit wire fraud and major government… Read more »