Under the Federal Acquisition Regulations (FAR) “fixed-price government contracts with an economic price adjustment clause provides for upward and downward revisions of the stated contract price upon the occurrence of specified contingencies.” This is covered in FAR Part 16.203-1(a). To establish a case or bid protest challenging the agency’s improper use of… Read more »
After filing a contract claim against the government, you finally receive the bad news from the Agency – a denial of claims. 17% of government contract claims will be denied. In addition, 33.2 % of appeals to the Board shall be dismissed or denied either for lack of jurisdiction or hearing… Read more »
Procurement suspension and debarment of government contractors come into play when you do not comply with the terms and conditions of your contract. Not all companies understand what has to be done to overcome agency referrals for suspension or debarment or how to meet the preponderance of the evidence standard… Read more »
Government procurement fraud can arise in a variety of situations. A common example occurs during the bidding phase when offerors submit untruthful information in efforts to secure a government contract, or in other situations, to get admitted into a program administered by the Small Business Administration. In the case of… Read more »
As a contractor doing business with the federal government, there is often the question of whether there is a breach of contract claims against the government. Whether the answer is yes or no is left to the court. However, before you reach this phase you must first understand the basics… Read more »
Under federal procurement rules, the small business joint venture definition in government contracting means “an association of individuals and/or concerns with interests in any degree or proportion by way of contract, express or implied, consorting to engage in and carry out no more than three specific or limited-purpose business ventures… Read more »
The Area Office (“AO”) has discretion to apply the adverse inference rule once the Small Business Administration (“SBA”) has received a size protest or a request for a formal small business size determination. 13 CFR 121.1008(d); 13 CFR 121.1009(d). The rule will likely be applied if the protestor fails to offer the… Read more »
The government has a federal common law right of set off costs, also referred to as offset, to balance mutual debts and it can be used as a defense against a contractor to better reconcile competing claims. It is important to understand, as a contractor, when the government may be able… Read more »
A board of contract appeal has the authority to impose sanctions, including government sanctions, on parties for unacceptable behavior. While boards do not have the authority to impose monetary sanctions, federal courts, such as the Court of Federal Claims, can. When a board imposes either contractor or government sanctions, the sanction… Read more »
SBA Common management and identity of interest disputes in size protest cases involve complex SBA affiliation regulations, that if violated can impact your ability to bid on future government contracts. The following are pointers derived from the SBA. A basic understanding can help you avoid costly mistakes, such as common management… Read more »