Government Contracts Blog 1

Federal Government Contracts & Business Law Blog

In federal government contracting, there is a substantial amount of Federal Government Contracts & Business Law Blogcomplex regulations and guidelines that contractors must follow when bidding on federal contract opportunities, dealing with small business contracts and during the performance stage. When operating a business, there are also several best practices that can help owners to operate profitably while minimizing costly mistakes. This site is available for readers to understand the legal issues that can arise in government contracts and business operations. This government contracts blog provides information related to GAO bid protests, Government construction, contract disputes and contract claims appeal, government contract protest and bidding issues, government proposal writing tips, Colorado business law matters and more.

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Latest Articles


06 Dec

Incumbent Protest Fails at GAO Allegation of Agency Flawed Technical Evaluation Fails

In a recent case, GAO denied a bid protest filed by CACI Technologies, Inc., of Chantilly, Virginia which challenged the technical evaluation of an award of a task order issued by Department of the Army, Intelligence and Security Command (INSCOM) to DynCorp International, LLC. The were previous protests for this procurement. The agency essentially took […]

26 Nov

Tips for Agency Past Performance Evaluation Assessments

 A common question arises when government contractors file a bid protest that challenges the agency’s past performance evaluation. Can the agency still give the awardee a higher performance rating when its CPAR ratings show that it had an unsatisfactory rating on one of its projects? It depends upon the documentation of the agency during the proposal […]

19 Nov

Limitation on Subcontracting – SBA Changes for Contractor Plans and Payment Amounts

Effective June 30, 2016, the Small Business Administration (SBA) changed some of the key points in the limitation on subcontracting clauses for small business set-aside contracts. Instead of the old “50 percent rule” the calculation for a subcontractor plan would be based on a percentage cap on the total prime contract cost instead of the […]

16 Nov

Contractor Responsibility Determination

Recently, many federal bidders have experienced an adverse contractor responsibility when the agency evaluates their proposal. Challenging the agency’s nonresponsibility determination can be tricky in a bid protest. The core issue of contention occurs when the contracting officer issues a negative determination of responsibility because the proposal was technically unacceptable. Proposal mistakes: The heart of […]

12 Nov

Buy American Made Exemptions

When submitting a government bid, companies may incorrectly guess that they do not have to comply with the Buy American Act because their products meet the exemption requirements. However, that guess could end up being a costly mistake causing your company to lose the contract in a bid protest. Buy American exemptions exists if the […]

10 Nov

Joint Venture Definition and JV Meaning

Definition Under federal procurement definitions of a joint venture, companies may form a joint venture (JV), as a separate entity to pursue a specific government contract. Before, small businesses were automatically affiliated. However, the new SBA regulations minimize the possibility of affiliation. FAR 9.6 and 13 CFR 124 governs the legal definition of a joint venture. […]

05 Nov

COFC Bid Protest Calculating HUBZone 35% Employee Residency Requirements 13 CFR 126

Contractors can sometimes make mistakes when calculating the SBA’s HUBZone 35% employee residency requirements when bidding for government contracts.  13 CFR 126.601 governs the residency requirement for HUBZone employees. In a bid protest at the Court of Federal Claims (COFC), the issue was whether the awardee met the HUBZone residency requirement both at the time […]

05 Nov

Equitable Adjustment Claims Changed to REA ASBCA Has No Jurisdiction on Appeal

This decision shows that legal issues when submitting an equitable adjustment can be a nightmare and cause the company to lose out of thousands of dollars . In a recent case, the Armed Services Board of Contract Appeals (ASBCA) ruled that it had no jurisdiction to hear an equitable adjustment case on appeal. In that […]

03 Nov

COFC Bid Protest Appeals to Federal Circuit Court — Standard of Review

When appealing a case to the United States Court of Appeals for the Federal Circuit, the party appealing the case, usually from the Court of Federal Claims must be able to show that the Federal Circuit even has jurisdiction to hear the case. The Standard of Review must be established in the Opening Brief . […]

01 Nov

Are You ITAR Compliant and EAR Compliant?

What Are International Traffic in Arms Regulations (ITAR)? ITAR compliance means that your company is well aware of the various requirements set forth in International Traffic in Arms Regulations (ITAR). Companies in the import export business, including manufacturers, companies involved with technical data and the like must have an internal methodology of showing how they […]

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