The Default clause in government contracting states if a court finds the government’s actions are improper, a termination for default is converted to termination for convenience. If the government and the contractor cannot reach a settlement agreements, the contracting officer will issue a decision determining the settlement based on “the… Read more »
When the government terminates your company for default (otherwise known as termination for cause), understanding your rights and the contract termination process when you challenge a default notice can be crucial to your company’s future. Waiting until the government uses the contract termination clause to then react can put you… Read more »
Oftentimes government contractors may want to file SBA size standards protest because they have reason to believe that the awardee does not meet the definition of a small business. However, given the short deadlines, companies have a difficult time explaining why the competitor is not a small business. This procedural requirement… Read more »
Whenever government contractors file a bid protest addressing the government cancellation of solicitation, there are certain considerations they must contemplate. For example, in a recent GAO protest, Matter of: TaxSlayer LLC, the firm protested the Government’s cancellation of the solicitation and GAO did not agree with protestor’s arguments. GAO disagreed… Read more »
Avoid Costly Legal Mistakes When the CO terminates your contract for default. There are certain things to look for when you receive the notice of termination. The below information helps government contractors to make an informed decision on whether or not to appeal the decision. Both FAR terminations for default… Read more »
When deciding whether the contracting officer or agency can accept a late bid proposal submission, there are some very harsh decisions both at GAO and at the U.S. Court of Federal Claims. A recent GAO Case dealt with late proposal submission in a reverse auction. GAO found that the protestor had… Read more »
Submitting your documentation of Requests for Equitable Adjustment (REA) also means having understanding of the statutory requirements. This can be critical to getting an approval from the federal government and getting paid. There is an enormous amount of information that should be included to validate your request. Failure to submit a legally sufficient… Read more »
Given the heightened efforts by federal law enforcement agencies to pursue Large DOD contractors and small businesses for violating Buy American Act requirements, companies want to ensure that they avoid criminal and civil liability. When challenging government contract award decisions under Buy American Act FAR 52.225-1, FAR Part 25, DFARS… Read more »
In service-disabled veteran-owned small business SDVOSB fraud cases, and as a result of Public Law 109-461, the VA is authorized to award SDVOSB sole source contracts and/or set aside contracts for Service-Disabled Veteran-Owned Small Businesses (SDVOSB). From 01/01/2008 to 09/30/2014, the VA OIG Office of Investigations indicted 44 individuals/companies; arrested 40… 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 »