Contractor Responsibility Determination

Recently, many federal bidders have experienced an adverse contractor responsibility when the agency evaluates their proposal. Challenging the agency’s nonresponsibility determination can be tricky in a bid protest. The core issue of contention occurs when the contracting officer issues a negative determination of responsibility because the proposal was technically unacceptable…. Read more »

Are You ITAR Compliant and EAR Compliant?

What Are International Traffic in Arms Regulations (ITAR)? ITAR compliance means that your company is well aware of the various requirements set forth in International Traffic in Arms Regulations (ITAR).  Companies in the import export business, including manufacturers, companies involved with technical data and the like must have an internal… Read more »

Nuances of North American Free Trade Agreement (NAFTA Act)

What is the North American Free Trade Agreement (NAFTA Act)? The North American Free Trade Agreement (NAFTA Act) is a very comprehensive trade agreement that sets the rules for trade practices and investments between the United States, Canada, and Mexico. The agreement was executed in 1994. The NAFTA Act has,… Read more »

Protesting Technical Proposal Evaluation & Management Factors

Protesting an agency’s technical proposal evaluation and management evaluation factors, and ultimate source selection decision can be problematic you do not show that the Source Selection Board acted unreasonably or failed to follow the RFP requirements. Technical Proposal Evaluation of Management Factors In a recent GAO protest, for example, the… Read more »

Native American Indian Incentive Program DFARS 252.226-7001

On of the most under-utilized tools in federal government contracting is the Native American  Indian Incentive Program (IIP). This program is sponsored by Congress and allows for a 5% rebate back to prime government contractors on amounts subcontracting to Native American Indian-Owned Companies. The Indian Incentive Program can reward federal… Read more »

Government Novation Agreement FAR 42.1204 Assignment of Contract

Assignment of contract decisions when there is a purchase and sale agreement involving a company that has existing government contracts should be met with caution. Although FAR 42.12 allows the buying and selling parties to execute a novation agreement due to an asset purchase or stock sale, companies should still… Read more »

Representations and Certifications Reps and Certs FAR 52.212 3

When submitting a bid for federal contractors, offeror representations and certifications (proposal’s reps and certs ) can become a serious issue. Bidders are sometimes sanctioned with false claims and potential suspension and debarment when submitting proposals to the federal government.  Failure to perform due diligence with your company reps and… Read more »