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. What is a Certificate of Competency (COC)? The Government Certificate of Competency Program is in place in order for… Read more »
By Theodore P. Watson, Esq. and Cheryl E. Adams, Esq. The U.S. Small Business Administration (SBA) Non Manufacturer Rule and FAR guidelines have become the topic of litigation for small businesses in the SBA 8a Program. Under the rule, 13 CFR 121.406, your small business may qualify as an eligible… Read more »
In the recent case of SBA Size Appeal of Medical Comfort Systems, Inc., and B&B Medical Services, Inc., SBA No. SIZ-5640 (2015), OHA found that the Area Office correctly determined that common management and past affiliation between firms had ended well before the date for determining size and that identity of interest… Read more »
When filing a GAO bid protest, it is important to understand that an agency’s source selection plan only provides internal agency guidelines. The plan is generally for the agency’s internal usage and does not by itself give outside parties any rights. The plan typically becomes a highly-relevant topic after the bid protest is filed… Read more »
Although it is relatively easy to qualify, small businesses often find themselves in adverse situations when a competitor challenges their SBA NAICS size standards under 13 CFR Part 121 for certain industries. When an SBA bid protest is filed, the SBA then conducts an investigation and then makes a formal… Read more »
Learn how to avoid costly mistakes when challenging the government’s source selection decision in a protest based on best value versus lowest price evaluation criteria. Sometimes government contractors may fall short of winning arguments in a source selection decision protest challenging DOD source selection decisions and ultimate contract award decision…. Read more »
The Area Office (“AO”) has discretion to apply the adverse inference rule once the Small Business Administration (“SBA”) has received a size protest or a request for a formal small business size determination. 13 CFR 121.1008(d); 13 CFR 121.1009(d). The rule will likely be applied if the protestor fails to offer the… Read more »
Protesting the Small Business Administration SBA North American Industry Classification System (NAICs Codes) size standard for a government contract can be tricky when you try to qualify as small. This is especially true when there are differences between the amount of labor required and the overall cost of the contract. How Does… Read more »
When submitting government proposals, getting a fair and reasonable price in government contracts under the Federal Acquisition Regulation (“FAR”) is a highly contested issue. You have to avoid costly mistakes of assuming that the lowest price offeror should get the award or that the government has more than likely conducted… Read more »
Past performance evaluation of parent companies can sometimes go unnoticed by the government or bidders submitting proposals. There a certain allowances where a contractor can submit, and use past performance write ups of parent companies. However, the starting point is to understand the general legal analysis for affiliation under procurement… Read more »