Digital Government
What is the doctrine of substantial performance?
The following topic was raised by a government official: When a government contractor fails to perform completely as required by the contract, in many cases the government is still required to pay for work that was performed under the "substantial performance" rules. Is this consistent with comme
Digital Government
Do contract employees count in company size determinations?
The following question was asked by a company official: Offerors on government contracts are required to certify whether they are small or large under the Small Business Administration's regulations. For many types of contracts, those size standards reference the number of employees employed by the
Digital Government
Under what conditions do miscertifications matter?
The following issue was raised by a reader: Most government solicitations include representations and certifications that must be completed by the offerors. What are the consequences when an offeror fails to complete such representations and certifications properly? Almost every government solicita
Digital Government
How does the Prompt Payment Act work?
The following topic was raised by a contractor: Our company has several government contracts. In general, the government pays our invoices within a reasonable time. However, an agency sometimes returns invoices for very minor clerical errors, delaying payment significantly. What are the government'
Digital Government
How can appropriations be used?
The following question was asked by a government program manager: I recently started a new assignment that requires me to meet with many corporate and international government representatives, both domestically and overseas. Most of the people I meet expect us to exchange business cards as a normal
Digital Government
Can Congress change a contract's provisions?
This topic was raised by a reader: Recently, Congress has been getting much more involved in the management of agency contracts. Some of the congressional directives may have a substantial impact on existing contracts. How far can Congress go in changing the terms of a government contract? Can acts
Digital Government
What warranties are included in a federal contract?
The following question was asked by a contractor: Our company sells primarily to commercial buyers. Is there a difference in our potential warranty obligations when we sell to the government as compared to commercial buyers? What is our potential liability for defects in the equipment we sell to th
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