Difference Between Teaming Agreement vs Joint Ventures

The subtle difference between using a contractor teaming agreement vs joint venture is that a teaming contract essentially identifies the prime contractor and subcontractor relationship and discusses the roles of each to the government during the bidding and evaluation process.  by contrast, in a joint venture (JV) arrangement, the entity… Read more »

Addressing Government Cancellation of Solicitation In A Bid Protest

Whenever government contractors file a bid protest addressing the government cancellation of solicitation, there are certain considerations they must contemplate.   For example, in a recent GAO protest, Matter of: TaxSlayer LLC, the firm protested the Government’s cancellation of the solicitation and GAO did not agree with protestor’s arguments. GAO disagreed… Read more »

FAR Termination for Default Government Contracts Clause

Under the  FAR Termination for Default Clause in a contract, the government can exercise its right to completely or partially terminate a contract because of the contractor’s actual or anticipated failure to perform its contractual obligations or even failure to properly respond to a cure notice. When the contracting officer issues a… Read more »

Meaningful Discussions vs Unequal Discussions in Bid Protests

Understanding the Difference Between Meaningful Discussions and Unequal Discussions Can Improve Your Chances of Winning Bid Protests A common misunderstanding in analyzing meaningful discussions as compared to unequal discussions in bid protests is the legal application under the FAR and in a bid protest forum such as the GAO. Without a clear understanding, contractors… Read more »

When Can Your Late Bid Proposal Submission Be Accepted?

When deciding whether the contracting officer or agency can accept a late bid proposal submission, there are some very harsh decisions both at GAO and at the U.S. Court of Federal Claims. A recent GAO Case dealt with late proposal submission in a reverse auction. GAO found that the protestor had… Read more »

Termination of Contract for Default Appeals

During a termination for default (also referred to as termination for cause) appeals case, contractors often find themselves facing harsh procedural court rulings that cause them to lose the case. As a party to the appeal, you must prove facts supporting any allegations that you make. Submission on the written record… Read more »