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 »
Defending Against the Mail and Wire Fraud Against the Federal Government Can be Tricky Business. Learn About the Risks If You are Subject to an Investigation. When it comes to mail fraud in a federal procurement contract, criminal actions and wire fraud against the federal government, criminal prosecution of contractors,… Read more »
Does Your Teaming Agreement Avoid the SBA Affiliation Definition? You Can be Exposed to Criminal Liability If DOJ Investigates You. Some SBA small business affiliation rules and decisions can surprise you. If you are the awardee you want to be able to offer sound legal arguments why the protestor’s allegations… Read more »
Oftentimes bidders find that their cost realism evaluation in government contracting may be flawed and they may want to file a bid protest. A common problem in the evaluation process is when the agency fails to properly evaluate whether the number of hours proposed by each contractor is realistic from a cost standpoint. … Read more »
Learn How to Address Agency Exclusion From the Competitive Range Determinations in Government Contracting Bid Protests If your company has been excluded from the competitive range during a federal bid, there are some issues to watch out for. Just like any bid protest case, it’s all about what is in… Read more »
Oftentimes, government contracting agencies attempt to support their cost evaluation methods and ultimate award solely on the cost submitted by the contractor. However, a flawed evaluation can become target to a bid protest at the Government Accountability Office (GAO). Cost Evaluation Methods in Cost-Reimbursement Contracts When an agency evaluates pricing… Read more »
For each bid protest filed, the Competition in Contracting Act (CICA) requires the contracting officer to “immediately direct the contractor to cease performance under the contract and to suspend any related activities that may result in more obligations being incurred by the United States under that contract.” See 31 USC… Read more »
Contractors that are a party to federal and DOD contracts can assert claims against the federal government. However, there are certain legal requirements to keep the claim intact. Defects in your claims submission can delay or sometimes even completely void the claim. Also, improperly submitted claims can prevent an appellate… Read more »
Contractors can claim mistake of fact in bid claims against the federal government. When arguing that there was a mistake in bid, a contractor can either raise a mutual mistake of fact (both contractor and government made a mistake in drafting the agreement) or unilateral mistake of fact (contractor mistake)… Read more »
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 »