Agency Bid Protest — Worth the Effort?

Agency bid protests can be worth the effort at times. However, there is downside. You have the right to file a federal agency protest when you find out that you are the unsuccessful bidder. You can also file a bid protest at the Government Accountability Office (GAO) or the U.S. Court of… Read more »

(CAS) Cost Accounting Standards Exemptions and the Importance

Many government contracts are subject to cost accounting standards (“ CAS ”).  The nineteen CAS standards “govern the allocation of costs among the various contracts being performed by a government contractor.”  While many contracts are subject to CAS exemptions, many are not. The importance of cost accounting standards and the… Read more »

COTS Commercial Off the Shelf Products in Government Contracting

In government contracting, agencies sometimes buy COTS commercial off the shelf items and services (COTS products).  Simply put, when the government buys these commercial items or services, there is not much that must change. Getting involved in disputes with the government or engaging in bid protest litigation can create a… Read more »

FAR Commercial Items Clause and Market Research Requirements

Sometimes the government’s solicitation for commercial items substantially differs from customary commercial industry practices.  Companies seeking to bid on federal contracts could struggle with meeting the government’s FAR requirements. This can also create problems for bidders and even lead to a pre-award bid protest. If the federal government procures under… Read more »

FAR IDIQ Contract & Government Minimum Payment

How to Avoid Costly Mistakes With an IDIQ Contract and Dealing  With the Government Minimum Payment Guarantee The United States federal government and its procurement agencies use a variety of IDIQ contract vehicles to procure services and products. One typical example is the indefinite-delivery / indefinite-quantity IDIQ contract vehicle. By… Read more »

Sealed Bid Definition – Government Bids and Proposal Process

A sealed bid is a procurement method used in the government bid and proposal process to obtain government contracts.  Sealed bidding varies from traditional government proposals; it is important to understand the differences and the nuances that go along with a sealed bid. Sealed Bid Process Sealed bidding is primarily used for… Read more »

Government Contract Dispute Claims Resolution

Although government contracting can be a lucrative business venture, contract dispute claims resolution with the government can sometimes be daunting and stressful. Oftentimes, businesses believe that they are doing ‘the right thing’ when the Contracting Office Representative orders them to perform extra work. Businesses may also believe that agencies will… Read more »

Federal Construction Scope of Work Changes

In government construction contracting, a general contractor often litigates contract disputes about construction scope of work changes but often finds out after thousands in litigation costs, that it has either failed to follow FAR procedure or took a substandard technical approach to get paid.  For large federal projects, the risk of… Read more »

SDVOSB Sole Source Threshold & VA Rule of Two

There is a lot of confusion among small businesses when applying Service Disabled Veteran Owned Small Business SDVOSB sole source and VA Rule of Two Small Business rules versus SDVOSB set aside requirements. As a result, there are many unsuccessful bid protests filed on this matter. SVOSB Sole Source Contracts & Threshold  Generally, an agency contracting… Read more »