Should You File A Government Contracts Case at the U.S. Court of Appeals for the Federal Circuit CAFC?

Do you have a government contractor Transition Plan checklist when you bid on federal contracts.  Only about 64% of contractors include a vendor transition plan checklist at the proposal development stage. The remaining 36% fail to include a plan simply because the solicitation did not call for one. This is… Read more »

In December 2015, the Small Business Administration Office of Hearings and Appeals (SBA OHA) decided a case and ruled that it did not have jurisdiction to hear a size appeal of the SBA’ Area Office Size Determination. The procurement was a VA SDVOSB set aside but the protestor had no… Read more »

The SBA agency  Certificate of Competency (COC)  rules allow small business firms to challenge, generally in a bid protest, the agency’s source selection decision that is not technically responsible to perform the contract. Agency Responsibility Determination –The Rule of Law: The Small Business Act suggest that government contracting agencies should not make a… Read more »

What is an SBA Certificate of Competency (COC)? The SBA’s COC Program is governed by the Small Business Act, 15 USC 37(b);  13 CFR 125.5 and FAR Part 19.6. A Certificate of Competency is a written document from the Small Business Administration (SBA) to a Government contracting officer (CO) that decides… Read more »

Best Value Procurement Argument Fails at GAO In a recent GAO bid protest decision, HGS Engineering, Inc.; American Commercial Group, Inc. Challenging the government’s best value procurement decision, GAO agreed with the agency’s source selection decision. The protestors challenged the agency’s decision that the awardee’s proposal represented the best value… Read more »

Qualifying under the Code of Federal Regulations 13 CFR 125.18 as an SDVOSB Joint Venture  agreement means that you must first qualify as an SDVOSB. Although this seems obvious, there are cases where small businesses submitted government bids with  SDVOSB Joint Venture agreements and lost when challenged by the competition in a… Read more »

Understanding the Liquidated Damages Provision in Government Construction Contracts

Federal contractors are being caught with submitting bids with letters of intent to hire that have no substance. Getting the proper guidance on this issue can make the difference between getting the contract or somehow getting to the point where there is a false representation. The latter can be disastrous…. Read more »

When making size determinations and affiliation for negative control in small businesses, the SBA not only looks at finding actual control over the protested business but also whether a non-disadvantaged person or entity has the ability to control the firm. The negative control definition and positive control legal analysis can… Read more »

As a federal government contractor, your contract past performance is recorded by having CPAR ratings under FAR Part 42. The past performance evaluation system (PPIRS) is intended to develop a paperless reporting system that allows federal contractors to review and dispute information they believe is not accurate. The problem with CPARS… Read more »

When an agency decides to award sole source contracts, a FAR Justification and Approval (J&A) is required as a check and balance to the Competition in Contracting Act requirement that federal contracting agencies must resort to full and open competition procurements. Many contractors often want to challenge the agency’s decision… Read more »