Government contractors or commercial companies in the import and export business or international trade often find themselves in hot water when the federal government demands a copy of their ITAR Compliance Manual. This usually occurs when there is an investigation for ITAR certification and compliance, False Claims Act Violation or… Read more »
Government contractors that have the employee sign confidentiality agreements that limit the employee’s ability to report procurement fraud, waste, and abuse; or any level of nondisclosure must beware of the disastrous and painful consequences of bidding on federal government contracts. Companies should have their attorneys review the existing agreements for… Read more »
How Does the President’s View on Buy American Act Requirements and Buy America Impact Government Contractors?
The new administration has placed a unique focus on both Buy American Act and Buy America Act. Many companies, including federal government contractors, should assess how the new administration’s focus will impact their daily business operations. Buy American Act requirements has now become an issue of serious concern for thousands… Read more »
Understanding the Federal Government FAR Best Value Contracts & Procurement Source Selection under FAR Part 15
The federal government has decided that using the FAR best value procurement system when evaluating requests for proposals maximizes the level of performance after award. Instead of focusing on solely the pricing aspect of a proposal, the government can use a combination of source selection process tools and approaches. The goal… Read more »
Compared to regularly solicited proposals by the federal government, writing FAR Part 15.6 unsolicited proposals can be a daunting process. Further filing a bid protest regarding the agency’s improper rejection of your unsolicited proposal can be that much more difficult. However, the US Federal Circuit Court of Appeals outlined the… Read more »
There are Two ITAR compliance problems facing most businesses in the import-export industry: Failure to anticipate the road ahead Problem: Though 79% of today’s government contractor executives say responding quickly to change is the only way to survive our current federal procurement challenges, only 1 in 3 are even able to identify… Read more »
Companies that engage with government contracts overseas should be well aware of the harsh penalties associated with the Foreign Corrupt Practices Act violations (FCPA). Getting your internal staffed trained and executives aware of the steep fines and disruption of the business reputation can save you from unnecessary litigation, civil and criminal… Read more »
Avoid Costly Mistakes Under the New Joint Venture Rules The new SBA joint venture agreement regulations primarily focus on broadening the exclusion from affiliation for small business size status. See 13 CFR 121.103(h). Specifically, the new rule allows two or more small businesses to joint venture for any procurement without being… Read more »
Similarly Situated Small Business and Limitation on Subcontracting Rule – What Does Similarly Situated Mean?
Not understanding the rules that govern whether or not your company is a similarly situated small business can cost everyone the contract in a small business set aside size protest. Theodore P. Watson, Esq. Many small businesses will be faced with dissecting the most recent SBA Rule governing the Limitation… Read more »
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 »