Even as late as 2016, government contractors are still making costly mistakes when preparing and submitting contract claims against the government. The last thing you need to happen is that when filing an appeal, your case gets dismissed based on the technicality of not meeting the legal requirements for a… Read more »

The US government wants to know where all products are made. With the recent change in government and the continuing goal to make products in America, companies should be aware of the BAA compliance penalties and liability for not properly identifying Buy American Act countries of origin. In 2005, three… Read more »

A question often arises as to whether in an SDVOSB small business set aside the federal government can restrict market research to a local geographic area. These are tough issues to address in a bid protest setting. The first thing that potential bidders must realize is that there is concern… Read more »

Should You File A Government Contracts Case at the U.S. Court of Appeals for the Federal Circuit CAFC?

Do you have a government contractor Transition Plan checklist when you bid on federal contracts.  Only about 64% of contractors include a vendor transition plan checklist at the proposal development stage. The remaining 36% fail to include a plan simply because the solicitation did not call for one. This is… Read more »

In December 2015, the Small Business Administration Office of Hearings and Appeals (SBA OHA) decided a case and ruled that it did not have jurisdiction to hear a size appeal of the SBA’ Area Office Size Determination. The procurement was a VA SDVOSB set aside but the protestor had no… Read more »

The SBA agency  Certificate of Competency (COC)  rules allow small business firms to challenge, generally in a bid protest, the agency’s source selection decision that is not technically responsible to perform the contract. Agency Responsibility Determination –The Rule of Law: The Small Business Act suggest that government contracting agencies should not make a… Read more »

When a contracting officer denies a claim under the Contract Disputes Act, filing an appeal to the Civilian Board of Contract Appeals (CBCA) would be the next step. Not all contract claims against the federal government are filed at the civilian board. Therefore, government contractors must be careful choosing the forum… Read more »

When submitting contractor claims to the federal government, businesses should be aware of the Contracting Officer authority to issue a final decision. 48 CFR 1.603 suggests that although the CO is appointed on a Standard Form  1402. Any limitations on the Contracting Officer authority must be stated on the form… Read more »

What is an SBA Certificate of Competency (COC)? The SBA’s COC Program is governed by the Small Business Act, 15 USC 37(b);  13 CFR 125.5 and FAR Part 19.6. A Certificate of Competency is a written document from the Small Business Administration (SBA) to a Government contracting officer (CO) that decides… Read more »

Sometimes government contractors under 5 USC 552 seek to get information via a Freedom of Information Act request, commonly referred to as a FOIA request, to find out information about a specific procurement or another contractor. Before you submit a FOIA request, you may want to find out if the information… Read more »