New companies and existing vendors constantly struggle with their ability to prepare for a government contract bid. Sometimes the solicitation language is vague and the questions and answer session from the agency does not adequately explain the problem. This impairs the ability to submit a winning proposal. In other situations,… Read more »

Under the Federal Anti-Kickback Act, criminal action can occur if there is a specific intent to induce referrals or orders for services. In government contracting and other federal activities, Anti-KickBack Statute Liability can be up to five years in prison, with the potential for additional criminal fines up to $25,000,… Read more »

Most companies bidding on government RFP’s understand the amount of time it takes to read, understand, plan and then write a response to the proposal. Not all government contractors can afford to hire in-house proposal writers to respond to federal government bids. Their only other option is to resort to… Read more »

There has been recent litigation as to VA FSS small business set aside Rule of Two contracting assessment before using the FSS Schedule. This can be a problem especially when filing a government contract bid protest at GAO or Court of Federal Claims. The FAR generally demands that “[c]ontracting officers shall provide for… Read more »

It is crucial to understand the types of contracts  in federal contracting because different types can create different remedies.  The various types of government contracts impact your financial implications and work responsibilities and performance in numerous ways.  You want to make sure you understand what type of contract you are… Read more »

In federal government contracting, there are many advantages for entering into a joint venture agreement (JV). However, there are some joint venture disadvantages that can cripple a company. Small businesses especially have to be aware of the tricky rules and laws that impact joint venture relationships. When making your decision to enter into JV… Read more »

The Government is strict on its oversight of the Arms Export Controls Act of 1976 and US compliance laws. Although ITAR laws have sweeping results and liability for individuals and companies, the central issue for litigation is actual conduct. Looking at the plain meaning of import export  US compliance laws and statutes, courts recognize… Read more »

Many contractors have questions about a bid bond guarantee and SBA surety bonds and if their rejected bids can be protested on these grounds.  Many government contracts require some form of a surety guarantee or bond.  If your proposal does not comply with the solicitation requirement for a bid guarantee,… Read more »

Bid and proposal costs can be expensive.  Many contractors wonder whether they can recover bid and proposal cost incurred while preparing to submit their bid.  The answer is sometimes.  Many companies fail because they do not fully understand the legal requirements. It often depends on whether or not there was a… Read more »

Agency bid protests can be worth the effort at times. However, there is downside. You have the right to file a federal agency protest when you find out that you are the unsuccessful bidder. You can also file a bid protest at the Government Accountability Office (GAO) or the U.S. Court of… Read more »