The SBA adopted new rules and revised 13 CFR 126.200(b)(6). HUBZOne small businesses must still comply with the required subcontracting requirements in the performance work statement. In other words, the company must certify in its bid that it will company with the limitation on subcontracting requirements with respect to any… Read more »

Government Fight and Arguments for Why its Solicitation Was Unduly Restrictive of Competition Came too Late. In a recent bid protest filed by Pitney Bowes, Inc., of Washington, DC, the U.S. GAO sustained the protest against Department of the Treasury, Internal Revenue Service (IRS). Pitney Bowes litigated the case on… Read more »

Given the new SBA subcontractor rules, subcontractors should pay special attention to whether or not they still can be ostensibly affiliated. Although the new affiliation rules relax the possibility of becoming affiliated, Ostensible Subcontractor Rule is still alive and well. the The new rules are not intended for the prime… Read more »

In a recent case, the US Federal Circuit Court of Appeals (CAFC)dismissed a case in part because the Plaintiff could not show privity of contract with the federal government. This is a costly mistake that companies should be aware of when they contemplate filing any type of case related to… Read more »

Avoid Costly Mistakes Under the New Joint Venture Rule The new SBA joint venture agreement regulations primarily focus on broadening the exclusion from affiliation for small business size status. See 13 CFR 121.103(h). Specifically, the new rule allows two or more small businesses to joint venture for any procurement without being… Read more »

Many small businesses will be faced with dissecting the most recent SBA Rule governing the Limitation on Subcontracting Rule. Predictably,  much litigation will be based upon whether a small business is similarly situated or not. This will be a new issue that many small businesses across the country should investigate… Read more »

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… Read more »

 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… Read more »

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… Read more »

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…. Read more »