Government typically has no obligation to assist the contractor in completing work before the contract completion date. Despite this lack of obligation, it is still not permissible for the government to hinder or otherwise prevent a contractor’s early completion of
The government may sometimes unilaterally direct the contractor to perform additional work outside the scope of the changes clause of a government contract. Such an order for alterations is a cardinal change and amounts to a breach. In order to
The Buy American Act (BAA) generally requires federal agencies to procure only domestic end products when acquiring supplies and construction materials in government contracts over the micro-purchase threshold unless an exemption applies. In response to defense solicitations that incorporate the
An offeror bidding on a federal contract set-aside for small businesses may challenge another offeror’s representation that it is a small business concern. Such size protests are referred to the Small Business Administration (SBA) area office where the challenged offeror
Government agencies have a prima facie case for default termination when a contractor fails to deliver performance in a timely manner. However, even when terminating the contractor on this basis, the government must exercise its broad discretion fairly and reasonably.
The limitations on subcontracting clause in federal contracts prohibits small businesses from subcontracting out more than a specified percentage of work to non-similarly situated entities. For contracts set-aside for service disabled veteran owned small businesses (SDVOSBs), the limitation on subcontracting
The Small Business Administration (SBA) has a longstanding rule that a business that represents itself as small at the time of contract award remains small for the life of that contract, unless the contracting officer (CO) expressly requests recertification. This
Contractors may encounter delays when performing government contracts that increase the time or cost of performance. Contractors typically bear the risk of such increases for delays that are avoidable or otherwise within their control. When both the government and the
Proposals that fail to satisfy the material terms of a solicitation for a negotiated procurement are considered unacceptable and may not form the basis of an award. It is well-established that it is the offeror’s responsibility to submit an adequately
Following the award, the government issues a notice to proceed directing the contractor to begin contract performance. The contract or the notice of award may provide a specific date for issuing the notice to proceed, in which case the government has
