For government contractors frustrated by Federal agencies’ use of Lowest-Price Technically-Acceptable solicitations on complex services contracts – help may be on the way.
As I’ve discussed before, LPTA procurements can have a chilling effect on contractors that are able to provide increased technical benefits to the government – but at an increased price. LPTA…
A response to an RFP is the government contractor’s chance to put its best foot forward and stand out from the crowd. Particularly when it comes to best value procurements, this is your chance to tell the contracting officer that your company does it best (whatever it is).
But, a recent bid protest decision…
Government contractors must be prepared to perform their Federal contracts – even in the face of a dispute with the government over essential contract terms. Failing to perform can have devastating consequences, including default termination.
In a recent case before the Armed Services Board of Contract Appeals, the Board considered a U.S. Army Corps of…
One of the primary risks facing construction contractors is subsurface or unexpected physical conditions discovered after the work begins (commonly known as a Differing Site Condition). When such conditions are encountered on a federal government project, contractors need to: (1) properly document the condition, (2) notify the government, and (3) preserve the right to…
It is common for government contractors to file claims on federal projects where there are government-directed changes to the contract that add time or scope.
But what if – instead of adding time and/or scope – the government de-scopes work from the contract by issuing a partial termination? A recent successful claim shows that the…
For small business government contractors, the question of affiliation should always be at the top of the list of priorities. A finding of affiliation between your business and another business (and, in particular, a large business) could be enough to lose your small business size status – and the ability to compete for those coveted…
The hallmark of the government’s Service-Disabled Veteran-Owned Small Business programs is ownership and control of the business by a qualifying service-disabled veteran of the U.S. military. So what happens when you intentionally violate that rule to take advantage of program benefits? The answer won’t surprise you – and it should serve as a reminder of…
We are currently in the midst of an unprecedented uptick in the prosecution of (alleged) government contractor fraud under vehicles such as the False Claims Act and agency suspension and debarment programs. Generally speaking, the government uses these methods to claw back Federal contracting dollars from contractors suspected of engaging in unethical practices and…
As a Federal contractor, you already know that the FAR requires you to retain certain project records (books, documents, etc.) for audit and inspection purposes – typically for a period of at least three years after final payment. But did you know that the regulations allow contractors to cut the clutter by converting paper records…
It’s a frustrating position for government contractors: you have plenty of small businesses working on your job, but cannot count them towards your subcontracting goals because they are not first-tier subs. Good news! Things are about to change.
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