To effectively respond to, or negotiate the government’s suspension or debarment actions, it is important for contractors to understand the underlying legal and policy principles. Under federal government procurement regulations, debarred means  that the government can elect to prohibit any recipient of government contracts, grants, and covered Non-procurement transactions. The… Read more »

Many contractors attempt to become an intervenor simply because they submitted a proposal to the government. Intervenor Legal Definition Intervention into a bid protest case means that the awardee, or some other interested party can become a party to the case and exercise its rights. Intervening requires compliance with a… Read more »

HUBZone Definition The HUBZone Program (Historically Underutilized Business Zone) is a United States Small Business Administration (SBA) program that provides some level of government contracting preferences for small company owners that operate their principle place of business in a designated consensus track and also provide jobs to employees who live in… Read more »

The Federal Circuit Court of Appeals decided a bid protest case where the issue was whether the agency properly referred the offeror’s technical responsibility decision to the Small Business Administration for a Certificate of Competency (COC) review. This has become a common dispute in bid protest appeal cases. As a… Read more »

The U.S. Court of Appeals for the Federal Circuit in a recent case decided the issue of agency corrective action and how it impacts the pre-award decision and post-award decision process. In this case, the appellant appealed the Court of Federal Claim’s decision that the United States Transportation Command decision to… Read more »

What is the Certificate of Competency  (COC)Program 15 U.S.C. 637(b)(7)? The SBA Certificate of Competency (COC) Program is regulated by the Small Business Act (15 U.S.C. 637(b)(7)). After review of the contracting agency’s referral, the SBA issues a written decision to the contracting officer either certifying or not, that one or… Read more »

Avoid Costly Mistakes When Submitting 8(a) Joint Venture Past Performance  GAO protests continue to surface because of improper past performance evaluation of proposals. In a recent case, GAO sustained a protest because NASA considered the awardee’s past performance.  There was no record of actual performance. The problem was that the solicitation stated that NASA would not… Read more »

Many government contract bidders find the rules of patent ambiguity in solicitations to be very confusion. In many cases, they see the problem when filing a post-award bid protest. The recent decision at the US Court of Appeals for the Federal Circuit illustrates how important it is to protect your… Read more »

 A common dispute arises in federal government contracting as to whether a term extension for a GSA / FSS task order constitutes a new contract. The US Court of Appeals for the Federal Circuit ruled on this very issue in a recent case. The Court of Federal Claims (CFOC) in… Read more »

One reason why bid protests are successful is when the contractor shows that the failed to conduct lawful discussions. GAO looks at these issues very carefully.  The underlying principle of having meaningful discussions is the Competition in Contracting Act (CICA). Each bidder is entitled to its proposal being evaluated on equal… Read more »