Avoid costly legal mistakes with prime contractor subcontractor in privity of contract relationships in federal procurement. As a subcontractor to federal government procurement, you may often find yourself wondering what is the lack of privity of contract rule for government relationships with subcontractors and why the Contracting Officer, or even… Read more »
Define Breach Potential Before Filing a Lawsuit As a party to a contract, you generally would not get to the issue of remedies unless you first define whether there is a breach. Meeting the definition of breach of contract occurs when one of the parties fail to act or perform according to… 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 federal 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… Read more »
More and More federal government contractors are facing either suspension and debarment actions for ethics violations in government contracting or criminal liability for what can be arguable a failure to conduct self-policing or create the proper internal control procedures, contractor ethics and compliance audits. The objectives of internal control are… Read more »
Theodore P. Watson, Esq. When it comes to the famous limitations on subcontracting for small businesses rules under FAR 52.219 and 13 CFR 125.6, small businesses find themselves making disastrous mistakes when they use a teaming partner or named subcontractor when bidding on federal government contracts. Many companies lose federal… Read more »
Request for Equitable Adjustment (Equitable Adjustment FAR (REA Government Contracts)), in government contracting addresses a contract adjustment and is driven by the changes clause, to compensate you due to expenses incurred because of government actions, or to compensate the Government for contract reductions. Many companies have recently fallen prey to… Read more »
The US Court of Federal Claims (COFC) has jurisdiction to hear a government contract bid protest due to the Administrative Dispute Resolution Act of 1966 (ADRA). As a matter of practice, the COFC does not lose its jurisdiction to hear your protest simply because another bidder files a separate protest… Read more »
When a government contracting agency cancels a contract, you should not directly appeal the Board of Contract Appeals. You must first submit a claim under the Contract Disputes Act (CDA) and then request a final agency decision by the Contracting Officer. Only then does an appeal court have subject matter jurisdiction to… Read more »
Improve business relationships by teaming and joint venturing under the Native American and Super 8a rules. Are you having problems as an 8a Contractor getting Native American Government Contracts? Alaska Natives and Indian Tribes, and Native Hawaiian Organizations have a unique relationship with the United States Government as set forth… Read more »