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 »
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 »
What is a Common Law Contract? Common law refers to case law or precedent where decisions are made, and there is no statute governing the particular action. In common law claims in contracts, service contracts predominately stand out as an example because there is no statute that governs the rights and… Read more »
When a federal government agency terminates your contract for default (T4D), the next steps and whether you have a good chance of appealing the contracting officer’s final decision can be challenging. Although the decision has been made to terminate the contract for default, knowing how the appeal courts look at… Read more »
When filing an appeal from a contracting officer’s final decision denying a demand for payment under the Contract Disputes Act of 1978 (CDA), 41 USC 7101-7109, in order for the appeals court to hear your case, it must have jurisdiction to hear it. A common mistake made by government… Read more »
FAR excusable delays in construction federal contracting relate to an unforeseeable delay and those that go beyond the contractor’s control. On the other hand, a contract delay that is considered non-excusable is in fact foreseeable. The difference drives whether the contractor or the government must bear the risk. Other issues about… Read more »
Understand the Rules When You Allege Government Contract Bundling As a small business, you may often wonder whether the government contracting agency is unlawfully engaging in bundling their contracts. Others may wonder whether there is anything they can do about it. The first thing that small businesses must do is… Read more »
In government contracting, there are harsh rules about apparent authority. The issues usually arise when contractors follow directions of Program Managers and Contracting Officer Technical Representatives (COTR). Knowing the difference between actual and apparent authority can help you develop a better strategy when filing a contract claim against the government. Without… Read more »
What is the Best Approach to Challenge the Requirements Under FAR 52.219-9? Minimize the Chance of Noncompliance and Contract Termination FAR 52.219-9 small business subcontracting plan requirements are frequently seen in solicitations from the federal government. The underlying reason is to advance opportunities for small businesses in larger contracts. 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 »