There are Two ITAR compliance problems facing most businesses in the import-export industry: Failure to anticipate the road ahead Problem: Though 79% of today’s government contractor executives say responding quickly to change is the only way to survive our current federal procurement challenges, only 1 in 3 are even able to identify… 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 »

Possible relief to named subcontractors in government bids: Under the new SBA regulations, there seems to be some relief to small businesses that are named as subcontractors and teaming partners but are never used on the contract. This seems to be an increasing problem across the United States. In previous… Read more »

By virtue of congressional mandates, and under the National Defense Authorization Act (NDAA), the Small Business Administration (SBA) has made recent changes to various rules that regulate small business contracts including those set aside for designated SBA programs and the limitation on subcontracting. The highlights include mention of similarly situated… 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 »

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 »

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 »

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 »

Brutal Government Contractor Mistake Cause Lost Appeal For Quantum Meruit at COFC. Government contractors often make the costly mistake of performing out of scope work without the expressed written permission of the contracting officer. Many contractors fail at the litigation stage because they do not understand the difference between quantum… Read more »