Best Value Procurement Argument Fails at GAO In a recent GAO bid protest decision, HGS Engineering, Inc.; American Commercial Group, Inc. Challenging the government’s best value procurement decision, GAO agreed with the agency’s source selection decision. The protestors challenged the agency’s decision that the awardee’s proposal represented the best value… Read more »

Qualifying under the Code of Federal Regulations 13 CFR 125.18 as an SDVOSB Joint Venture  agreement means that you must first qualify as an SDVOSB. Although this seems obvious, there are cases where small businesses submitted government bids with  SDVOSB Joint Venture agreements and lost when challenged by the competition in a… Read more »

Understanding the Liquidated Damages Provision in Government Construction Contracts

Federal contractors are being caught with submitting bids with letters of intent to hire that have no substance. Getting the proper guidance on this issue can make the difference between getting the contract or somehow getting to the point where there is a false representation. The latter can be disastrous…. Read more »

When making size determinations and affiliation for negative control in small businesses, the SBA not only looks at finding actual control over the protested business but also whether a non-disadvantaged person or entity has the ability to control the firm. The negative control definition and positive control legal analysis can… Read more »

As a federal government contractor, your contract past performance is recorded by having CPAR ratings under FAR Part 42. The past performance evaluation system (PPIRS) is intended to develop a paperless reporting system that allows federal contractors to review and dispute information they believe is not accurate. The problem with CPARS… Read more »

Failure to Follow CDA Claims Filing Requirements Will Get Appeal Dismissed If the Contracting Officer issues a final decision denying your contract claim against the government, you have rights to appeal the decision to the Civilian Board of Contract Appeals (CBCA). However, there are specific procedural rules and activity that… Read more »

When an agency decides to award sole source contracts, a FAR Justification and Approval (J&A) is required as a check and balance to the Competition in Contracting Act requirement that federal contracting agencies must resort to full and open competition procurements. Many contractors often want to challenge the agency’s decision… Read more »

Small businesses involved in government contracting find themselves excluded from opportunities because of FAR sole source justification contracts . Government contract law allows federal agencies the opportunity award sole source contracts, so long as the explanation is reasonable, and does not violate other regulations.   Do Sole Source Justification Contracts Violate the… Read more »

After 1997, FAR competitive range requirements are somewhat different. Before, the Agency had to consider whether your proposal stood a reasonable chance of award.  However, FAR § 15.306(c)(1) a government contracting agency can exclude your proposal from the competitive range if it is not rated as one of “most highly… Read more »

 Government Evaluations of PPIRS Not Always Reasonable Government contractors often contend that agencies do not adequately review the information found in the Past Performance Information Retrieval System (PPIRS). However, challenging the agency’s evaluation in a bid protest can be a challenge if you do not properly present the legal argument…. Read more »