Many government contractors submit IDIQ proposals for indefinite quantity contracts expecting a guaranteed minimum requirements from the government. However, bidders should exercise caution when reading the solicitation. What is an Indefinite Delivery, Indefinite Quantity Contract (IDIQ)? A requirements contract provides for filling all actual purchase requirements of designated government activities for… Read more »

When you submit your proposals for government contracts, bidders often forget to actually check their offeror reps and certs form and comply with FAR 52.212-3. This can be a fatal mistake if the agency finds out that you have represented your company as not being a small business. Although you may… Read more »

Small Business Subcontracting Plan requirements under FAR 52.219-9 are frequently seen in solicitations from the federal government. The underlying reason is to advance opportunities to small businesses in larger contracts. This is an example of Congress’s efforts to provide more contracting vehicles to smaller companies. FAR Subcontracting Plan requirements usually seek… Read more »

Oftentimes government contractors may want to file SBA size standards protest because they have reason to believe that the awardee does not meet the definition of a small business. However, given the short deadlines, companies have a difficult time explaining why the competitor is not a small business. This procedural requirement that… Read more »

Under SBA small business regulations, the ostensible subcontractor rule requires that when a subcontractor is actually performing the primary and vital contract requirements of the contract, or when the prime contractor is unusually reliant upon the subcontractor, the two firms are affiliated for purposes of the procurement at issue. The rule’s purpose… Read more »

Whenever government contractors file a bid protest addressing the government cancellation of solicitation, there are certain considerations they must contemplate.   For example, in a recent GAO protest, Matter of: TaxSlayer LLC, the firm protested the Government’s cancellation of the solicitation and GAO did not agree with protestor’s arguments. GAO disagreed… Read more »

Understanding the Difference Between Meaningful Discussions and Unequal Discussions Can Improve Your Chances of Winning Bid Protests A common misunderstanding in analyzing meaningful discussions as compared to unequal discussions in bid protests is the legal application under the FAR and in a bid protest forum such as the GAO. Without a clear understanding, contractors… Read more »

When deciding whether the contracting officer or agency can accept a late bid proposal submission, there are some very harsh decisions both at GAO and at the U.S. Court of Federal Claims. A recent GAO Case dealt with late proposal submission in a reverse auction. GAO found that the protestor had… Read more »

When the government considers buying from a single source, the simplified procedures established under FAR Part 13 are designed to promote efficiency and economy in federal government contracting and to avoid unnecessary burdens for agencies and contractor. When using simplified acquisition procedures, agencies are only required to obtain competition to the… Read more »

In the recent case of SBA Size Appeal of Medical Comfort Systems, Inc., and B&B Medical Services, Inc., SBA No. SIZ-5640 (2015), OHA found that the Area Office correctly determined that past affiliation between firms had ended well before the date for determining size and that identity of interest analysis did not… Read more »