Stating the obvious – fixed price contracts, in their essence, are when you agree to perform services or provide goods for a fixed price.  Carrying this through – if cost of performance increases – the contractor cannot increase the price – it’s a fixed price contract.  Similarly, if cost of performance goes down, the government...

The U.S. Government is not known for being agile or innovative.  Its procurement processes and programs are complex with legal requirements that are difficult to identify, understand and follow.  And, generally speaking, the Government has the reputation for not necessarily being interested in innovative ideas.  So, many small, agile, innovative businesses don’t ever think about...

Given my practice area, people often ask me why people commit white-collar crimes. I ask myself this question; and, just as often, I ask myself how can I help my corporate clients mitigate the risks of committing a crime? Despite my lifelong quest to answer both these questions, I have no good answers. Unfortunately, the...

According to FAR Part 16, the Federal Government uses fixed-price contracts when it wants to place most of the risk and responsibility for performance on the contractor. This means that fixed-price contracts are generally not subject to being adjusted as a result of the contractor’s costs or profits increasing or decreasing in performance. As a...