What is the North American Free Trade Agreement (NAFTA Act)? The North American Free Trade Agreement (NAFTA Act) is a very comprehensive trade agreement that sets the rules for trade practices and investments between the United States, Canada, and Mexico. The agreement was executed in 1994. The NAFTA Act has,… Read more »

Many government contract bidders find the rules of patent ambiguity in solicitations to be very confusion. In many cases, they see the problem when filing a post-award bid protest. The recent decision at the US Court of Appeals for the Federal Circuit illustrates how important it is to protect your… Read more »

Protesting an agency’s technical proposal evaluation and management evaluation factors, and ultimate source selection decision can be problematic you do not show that the Source Selection Board acted unreasonably or failed to follow the RFP requirements. Technical Proposal Evaluation of Management Factors In a recent GAO protest, for example, the… Read more »

On of the most under-utilized tools in federal government contracting is the Native American  Indian Incentive Program (IIP). This program is sponsored by Congress and allows for a 5% rebate back to prime government contractors on amounts subcontracting to Native American Indian-Owned Companies. The Indian Incentive Program can reward federal… Read more »

When it comes to responding to federal government proposals, agencies must be clear on what they want the general public to bid on. The issue of the meeting the ambiguous definition often comes up in a government bid protest. The definition of ambiguous in a government RFP occurs then two… Read more »

Assignment of contract decisions when there is a purchase and sale agreement involving a company that has existing government contracts should be met with caution. Although FAR 42.12 allows the buying and selling parties to execute a novation agreement due to an asset purchase or stock sale, companies should still… Read more »

When submitting a bid for federal contractors, offeror representations and certifications (proposal’s reps and certs ) can become a serious issue. Bidders are sometimes sanctioned with false claims and potential suspension and debarment when submitting proposals to the federal government.  Failure to perform due diligence with your company reps and… Read more »

As a government contractor, or company seeking to buy a business where federal contracts are involved, you must consider the various implications you face given the federal regulations governing the sale of a business and assignment of contract issues. There are various legal nuances involved such as whether or not… Read more »

Part of a bidder’s government proposal writing efforts is to make sure that it follows the bid submission directions in the solicitation. As obvious as this may sound, companies have been known to make mistakes and cause their proposals to be rejected by the contracting agency. In a recent case,… Read more »

The US government wants to know where all products are made. With the recent change in government and the continuing goal to make products in America, companies should be aware of the BAA compliance penalties and liability for not properly identifying Buy American Act countries of origin. In 2005, three… Read more »