Using FOIA Request During Litigation

Can the Government Deny Your FOIA Request During Litigation? Submitting a FOIA request can sometimes prove fruitful during litigation. However, government contractors, or other litigants, must still be aware that a FOIA request should not be used as the basis to bring a lawsuit. During government contract disputes, a FOIA… Read more »

Contracting Officer Authority in CDA Claims

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 »

Government Certificate of Competency Bid Protest.

You Can Avoid Common Mistakes and Spending Unnecessary Legal Fees By Understanding the SBA and Government Certificate of Competency (COC) Process.  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 Government Certificate of Competency is a written document from… Read more »

Freedom of Information Act FOIA Request 5 USC 552

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 »

Colorado Limited Liability Company Act Basics

Understanding the Legal Nuances of the Colorado LLC Act Can Minimize Headaches and Costly Legal Mistakes With Colorado LLC Laws. Many start-up companies in Colorado elect the LLC business entity. However, failure to follow the basic statutory requirements can expose business owners to personal liability. Although easy to  start an… Read more »

Best Value Procurement Not Worth Higher Price – GAO Decision

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 to the government. These bid protest challenges,… Read more »

Colorado Limited Liability Company Act Tips for Compliance

The Colorado Limited Liability Company Act has a wealth of information related to operating LLC’s. However, the following are only but a few of the basics that business owners should know. Without proper formation or compliance with the Colorado LLC Act, your personal assets can be exposed to creditors There… Read more »

Avoid Costly SDVOSB Joint Venture Mistakes

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. Getting the best guidance about the rules can put your company in a strong position even before you bid on a federal contract. Although this seems… Read more »

SBA All Small Mentor Protege Program Rules ASMPP 13 CFR 124.520?

 To better understand what is a mentor under the SBA All Small Mentor Protege Program (ASMPP), it might be useful to understand the underlying reason for the program. The purpose of the SBA’s Mentor Protege Program is for the Mentor to enhance and improve the protégé’s capabilities. Under 13 CFR… Read more »

Colorado Limited Liability Company Operating Agreement

Avoid Costly Legal Mistakes When Drafting Your Colorado Limited Liability Operating Agreement  What is an Operating Agreement A limited liability company operating agreement helps business owners to form the company with documentation about the business relationships between the partners. Without it, many business owners find themselves involved in costly litigation… Read more »