A common contract payment clause in Colorado construction contracts is “pay when paid construction clauses in government contracts” or “paid-if-paid” clause. The immediate concern for most Colorado construction subcontractors is the impact to their everyday operations when the owner does not pay the prime contractor. The first approach to this… Read more »
The Federal Government Has Increased Oversight and is Cracking Down on Federal Procurement Integrity Act violations under FAR 3.104. In Addition to Criminal Defense Law You Should Also Understand the Procurement Process – The End Result Depends on It. What is the Procurement Integrity Act? The Procurement Integrity Act prohibits… Read more »
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 »
Understand the GSA Schedule Application Process and Whether it is a Good Business Decision As a government contractor, you want to first make sure that getting on a GSA schedule is in your best interest. Not all GSA Schedules generate substantial profits for every business. The first piece of advice… 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 »
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 »
Under SBA size appeal regulations, concerns are affiliated when one has the power to control the other, or when a third party has the power to control both. 13 CFR121.103(a)(1). If you own 50% or more of a concern, then there is strong chance that an SBA OHA Size appeal… Read more »