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 »

In a recent case, GAO denied a bid protest filed by CACI Technologies, Inc., of Chantilly, Virginia which challenged the technical evaluation of an award of a task order issued by Department of the Army, Intelligence and Security Command (INSCOM) to DynCorp International, LLC. The were previous protests for this… Read more »

 A common question arises when government contractors file a bid protest that challenges the agency’s past performance evaluation. Can the agency still give the awardee a higher performance rating when its CPAR ratings show that it had an unsatisfactory rating on one of its projects? It depends upon the documentation of… 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 »

Recently, many federal bidders have experienced an adverse contractor responsibility when the agency evaluates their proposal. Challenging the agency’s nonresponsibility determination can be tricky in a bid protest. The core issue of contention occurs when the contracting officer issues a negative determination of responsibility because the proposal was technically unacceptable…. 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 »

This decision shows that legal issues when submitting an equitable adjustment can be a nightmare and cause the company to lose out of thousands of dollars . In a recent case, the Armed Services Board of Contract Appeals (ASBCA) ruled that it had no jurisdiction to hear an equitable adjustment… 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 »

Latent Defects Definition The definition of a latent defect in government contracting is a hidden defect in the purchased material or the quality of the services (including construction) and worked performed. A huge problem with getting paid in government contracting is when the agency rejects payment due to final acceptance of… Read more »