FAR Part 15- Contracting by Negotiation
FAR Part 15 is one of the most widely used parts of the Federal Acquisition Regulation. It governs negotiated procurements and allows the government to negotiate with offerors before making an award. Generally, the government will create the Request for Proposals (RFP) and note which contractors will be eligible to submit proposals to the...
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Government Communication with Industry: More Necessary Now Than Ever
The Times They are a Changin’ -Bob Dylan Today is a new day. Gone are the days where the U.S. Government dominates the dollars spent to create significant technological innovation. In 2017, Amazon and Google alone combined to spend over $38.2 billion for research and development, which is an increase of $9 billion...
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Qui Tam Actions
In 1986, Congress amended the False Claims Act, 31 U.S.C. § 3729 et seq. One of Congress’s objectives in modifying the Act was to encourage the use of qui tam actions in which citizens are authorized to bring, as “private Attorneys General,” lawsuits on behalf of the United States alleging frauds upon the government....
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International Traffic in Arms Regulation (ITAR) Application
U.S. contractors operate under the International Traffic in Arms Regulation (ITAR) which prevents controlled defense articles, technical data, and defense services from being exported to foreigners without Government approval. This makes sense considering that the items, services, and technical data covered by the regulation and the Arms Export Control Act of 1976 are things...
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Contract Interpretation: Contra Proferentum in Government Contracts
The doctrine of contra proferentum mandates that “[w]here the Government draws specifications which are fairly susceptible of a certain construction and the contractor actually and reasonably so construes them, justice and equity require that that construction be adopted.” Peter Kiewit Sons' Co. v. United States, 109 Ct.Cl. 390, 418 (1947). This longstanding doctrine is...
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Suspension and Debarment of Government Contractors
Suspension and Debarment are administrative remedies utilized by the U.S. Government that protects the federal government from fraud, waste, and abuse by allowing the government to avoid doing business with non-responsible contractors. Suspensions are actions taken by a suspending official to temporarily disqualify a contractor from government contracting. Debarment is an action taken by...
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