Some contractors find it confusing when protesting the government’s best value trade off analysis. Without having a basic understanding of the agency’s discretion compared to what the procurement regulations require, your bid protest could be at risk. Get a second bite at the apple! Without a proper understanding, contractors quickly find… Read more »
Under SBA size appeal regulations, concerns are affiliated when one has the power to control the other, or when a third party has the power to control both. 13 CFR121.103(a)(1). If you own 50% or more of a concern, then there is strong chance that an SBA OHA Size appeal… Read more »
Almost every government contractor will experience some level of frustration when dealing with best value trade off decisions made by contracting agencies. The gist of any challenge in a bid protest is to show how the source selection evaluation members failed to assess a critical component of the stated evaluation… Read more »
A proposal writing tip to consider is that the federal government has taken an interest in mobilizing its Green Procurement Program Policy as a measure to improve the environment. As government contractors, you should seriously consider the guidelines, benefits and visibility that you can achieve in your proposal writing efforts. … Read more »
It is common practice in federal government proposal writing process for you to meet FAR small business subcontracting plan requirements (FAR 52.219-9)or, in the most recent cases, small business participation plans. The question is how do you write one that withstands bid protest scrutiny or potentially gets higher scores than your… Read more »
The Procurement Integrity Act (PIA), FAR 3.104 penalties rules, as implemented by Congress, governs the relationship between government contracting officials and you the contractor. It also governs actions during the bidding process. The key to avoiding violations, civil and criminal penalties under the Act is to make sure that you train… Read more »
Theodore P. Watson, Esq. When it comes to the famous limitations on subcontracting rules under FAR 52.219 and 13 CFR 125.6, small businesses find themselves making disastrous mistakes when they use a teaming partner or named subcontractor when bidding on federal government contracts. Many companies lose federal contracts due to… Read more »
Before you submit your termination for convenience settlement proposal to the federal government, make sure you understand the regulatory allowances for costs recoverable. Given the push from the administration, government contracting agencies are instituting termination for convenience actions to do away with unwanted contracts. Although there are statutory damages and… Read more »
If you are a government contractor, learning how to assess breach of contract damages in government claims is critical to recovering all damages that your company deserves. For example, you can bring suit for breach of contract under the Contract Disputes Act in the Court of Federal Claims (COFC.) You… Read more »
The SBA Ostensible Subcontractor Rule is a potent sword used to extinguish contract awards to government contractors. Small businesses must be extremely careful when submitting proposals that intend to use incumbent employees. This can be fertile ground for an SBA size appeal under the Ostensible Subcontractor Rule. The SBA Ostensible… Read more »