Federal government contractors should be well aware that not all technical proposals receive a higher evaluation score or additional technical strength simply because the company added more than what the solicitation called for. Although you may have truly included more than what the government called for, there are still additional… Read more »

Government contractors sometimes have to make a decision to engage in protesting federal government contract awards. This level of litigation can be brought before the contracting agency, the Government Accountability Office, or the U.S. Court of Federal Claims. To help to make the process easier, companies should start the decision… Read more »

When the federal government’s contracting agency tries to justify lower past performance evaluation scores, your company at first glance may find it hard to challenge the decision in a bid protest. As in every litigation case, facts drive almost everything. Bid protest based on contractor general past performance evaluations have… Read more »

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 »

The US Court of Appeals for the Federal Circuit (CAFC) ruled against the Court of Federal Claims decision on a Request for Equitable Adjustment Claim (REA) against Agility Defense for increased cost under the provisions of FAR 16.503. The Appeals from the Claims Court was due to denial of a government… 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 »

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 »

Contractors can sometimes make mistakes when calculating the SBA’s 35% HUBZone employee residency requirements when bidding for government contracts.  13 CFR 126.601 governs the residency requirement for HUBZone employees. Failure to comply with the rule can cause companies to lose out on millions in government contract awards. It is the small… Read more »

When appealing a case to the United States Court of Appeals for the Federal Circuit, the party appealing the case, usually from the Court of Federal Claims must be able to show that the Federal Circuit even has jurisdiction to hear the case. The standard of review must be established… Read more »