By: Theodore P. Watson.The Ostensible Subcontractor Rule creates a dangerous situation for small businesses when bidding on federal government contracts. It usually comes about when the competition files an Small Business Administration (SBA) size protest and claims that you, as the awardee and prime contractor, are unusually reliant on the… Read more »
As a government contractor, you should quickly become aware of federal government performance based contracts under FAR Part 37. This is critical at the bidding stage as well as understanding your obligations at the performance stage. Responding to government bids creates much confusion for businesses that are not familiar with… Read more »
Small businesses become fertile ground for federal investigations when they either subcontract out too much work or simply engage in pass-through contracting. If you are new to federal contracting or an existing government contractor, you should promptly get up to speed on government subcontracting the basics IAW FAR 52.219-8 Utilization… Read more »
Filing a GAO bid protest allows unsuccessful bidders to challenge a government contracting agency’s decision to award a federal project to another company. The protestor can file a bid protest either at the agency level, at the Government Accountability Office (GAO) or at the U.S. Court of Federal Claims. With either… Read more »
Is Your Bid Subcontracted Out? What is a Small Business Participation Plan? The answer to these questions can make the difference in getting a high proposal evaluation score and a low one. A Small Business Subcontracting plan is an agreement between private party government contractors submitted with a… Read more »
Understanding the Basics of FAR Equitable Adjustments and Dealing with Change Orders Can Save Substantial Amounts in Unnecessary Litigation The changes clause under government contracts allows you to submit a Request for Equitable Adjustment (REA) when there are scope changes, delays and other unforeseeable circumstances. Adjustments to the original scope… Read more »
Theodore P. Watson, Esq. (Federal Government Procurement Fraud Lawyer) Government fraud schemes with any federal contract can create a nightmare for company owners and employees. Several procuring agencies must guard taxpayer dollars and ensure that the procurement process and the performance of contracts are all done with integrity and honesty. Things… Read more »
Avoid Legal Landmines When Asserting that the Government Breached of Duty of Good Faith and Fair Dealing When Submitting Government Contract Claims. Government contractors often struggle with the next steps when the agency does act fairly in providing accurate CPARS ratings. In addition, some contractors are not fully aware of… Read more »
After the government exercises its rights to terminate your contract under the termination for convenience clause, you then have to submit your damages in a termination for convenience settlement proposal. It must be done within one year. Therefore, you must develop your settlement posture early. The government will almost always… Read more »
Theodore P. Watson, Government Contracts Attorney. Termination for default cases on appeal often fails. The general reason for such a failure rate is because of your response to a show cause letter in government contracting. Another reason is that your response to FAR cure notice or some version of a letter… Read more »