Small businesses involved in government contracting find themselves excluded from opportunities because of FAR sole source justification contracts . Government contract law allows federal agencies the opportunity award sole source contracts, so long as the explanation is reasonable, and does not violate other regulations.   Do Sole Source Justification Contracts Violate the… Read more »

After 1997, FAR competitive range requirements are somewhat different. Before, the Agency had to consider whether your proposal stood a reasonable chance of award.  However, FAR § 15.306(c)(1) a government contracting agency can exclude your proposal from the competitive range if it is not rated as one of “most highly… Read more »

 Government Evaluations of PPIRS Not Always Reasonable Government contractors often contend that agencies do not adequately review the information found in the Past Performance Information Retrieval System (PPIRS). However, challenging the agency’s evaluation in a bid protest can be a challenge if you do not properly present the legal argument…. Read more »

One of the most important pieces of information when developing a government RFP response is to understand how the federal government uses the best value source selection and RFP process to decide who wins the contract. What is the Best Value Source Selection Process? Government contracting agencies use the best… Read more »

Filing a bid protest based upon allegations that the agency failed to conduct a proper price realism evaluation analysis can be tricky. The reason why government contractors fail in GAO protests is mostly because they find themselves arguing how the agency is supposed to conduct the price realism evaluation. An… Read more »

Protesters often file bid protests challenge a government contracting agency’s  past performance evaluation confidence ratings of their proposals. Common concerns include the agency’s assignment of an unsatisfactory past confidence ratings. Agencies often find that your past performance examples or references were not relevant. This is where the initial controversy begins…. Read more »

Quite a few federal contractors find themselves disappointed in GAO’s protest decision that agrees with the agency’s evaluation decision. Protesting technically unacceptable proposal decisions in a GAO protest can be disappointing if contractors fail to apply the proper legal analysis in a bid protest.  When writing your technical proposal, merely… Read more »

SBA Certificate of Competency issues arise in government contracting when the contracting officer makes a determination that your company, the apparent offeror, cannot perform the contract. However, common disputes occur about whether the SBA referral is valid and whether the SBA followed its regulations when acting on the COC referral and… Read more »

Understand the Rules When You Allege Government Contract Bundling As a small business, you may often wonder whether the government contracting agency is unlawfully engaging in bundling their contracts. Others may wonder whether there is anything they can do about it.  The first thing that small businesses must do is… Read more »

Simply Depending on Your Experience as an Incumbent Does Not Get the Win When challenging a government contracting agency’s technical evaluation scores as an incumbent contractor, whether for past performance or overall technical approach, you must be mindful that if you are the incumbent contractor, that status alone does not provide… Read more »