Writing a technical proposal for construction projects to the federal government requires contractors to not only tell the agency how they intend to perform each aspect of the statement of work but most importantly to address risk factors. Most construction technical proposal fail simply because they do not address meeting or exceeding schedules… Read more »
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 submitting your 8a certification application, meeting the social and economic disadvantaged status can be confusing. Understanding the legal requirements and statutes related to ethnicity, bias and immigration status in an essential part of getting your application approved. An individual claiming disadvantaged status on the basis of his or her ethnicity… Read more »
When applying for your 8a certification, there is one common issue that sometimes confuses applicants. The question on whether you meet SBA 8a net worth requirements becomes complicated when there are second mortgages on the primary residence, etc. Although the 8a Program rules seem straightforward, applicants still have concerns about related… Read more »
Understanding the Difference Between Meaningful Discussions and Unequal Discussions Can Improve Your Chances of Winning Bid Protests A common misunderstanding in analyzing meaningful discussions as compared to unequal discussions in bid protests is the legal application under the FAR and in a bid protest forum such as the GAO. Without a clear understanding, contractors… Read more »
During a termination for default (also referred to as termination for cause) appeals case, contractors often find themselves facing harsh procedural court rulings that cause them to lose the case. As a party to the appeal, you must prove facts supporting any allegations that you make. Submission on the written record… Read more »
Avoid Costly Legal Mistakes With Miller Act Pay When Paid Clause In Your Independent Contractor Agreement Government construction contractors can quickly find themselves in a dispute when applying the Miller Act pay if paid clause. This tool is often used to shield prime contractors from paying their subs when the agency… 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 »
When agencies evaluate your subcontractor proposal’s past performance, it must properly consider the Subcontractor’s Performance of your named teaming partners or subcontractors. The government uses subcontractor performance evaluation critieria to establish a level of confidence when determining the best value. The government will look at the offeror’s success on performing recent and… 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 »