Differences in Maryland’s Pay if Paid versus Pay when Paid Clauses

General contractors seeking to shift the risk of non-payment to subcontractors by making payment to subcontractors contingent on payment by the owner include “pay if paid” clauses in the subcontract; however, in Maryland, a subcontractor may not bear the entire risk if the clause does not contain specific language, as required by Maryland Courts. Maryland…

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Government Contracts: Doing Exactly What the RFP Says

Always make sure to submit proposals to government agencies in exactly the format for which the Request for Proposals (RFP) asks.  It is the offeror’s responsibility to meet the expectations of the RFP, and the government agency has no duty to adapt their standards to incorrectly submitted proposals.

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Government Contracts: Past Performance of Sub-Contractors

Government agencies must take into account all past performance that they are aware of when evaluating proposals for past performance, including information from other proposals.  In a recent decision, the GAO said that, where two proposals use the same sub-contractor to show past performance in similar projects, it is unreasonable for the evaluating agency to…

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Government Contracts: Specificity of Contractor Bids

When submitting a bid, it is the duty of the party making the offer to demonstrate an understanding of the project requirements.  This means that the party making the offer must include an adequate approach to performing all requirements and make the written bid specific enough as to leave nothing up to interpretation or misunderstanding…

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Government Contracts: Timing for Challenges to Solicitation Procedures

Challenges to Solicitation Procedures, Such as Amendments to Solicitations, Must Be Made Before Contracts are Awarded  The Court of Appeals for the Federal Circuit confirmed that, where a protest is based upon a defect in the bid solicitation process, the protest must be made before the bid is awarded. In the case of Comint Systems…

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Government Contracts: Perils of overpricing and responding to government RFPs

The article in Networkworld “Cisco network really was $100 million more” is a good example of the danger in responding to governmental requests for proposal (RFP) without considering the publicity downside of significant overpricing. The article explains that in bidding on a large computer infrastructure project for California State University, Cisco’s bid was over 100…

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Government Contracts: Tips in Securing Work from the State of Maryland

While the Federal Government seems to have the ability to spend more money than it takes in, and thus creates increasing opportunities for governmental contract work, the State of Maryland is still a source of work for many local contractors.   However, like the Federal Government, there are certain “do’s and don’ts” that a contractor must…

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