Nuances of North American Fair Trade Agreement (NAFTA Act)

What Was the Primary Purposed of  NAFA North American Free Trade Agreement? 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… Read more »

Latent and Patent Ambiguity Meaning

Court of Appeals Federal Circuit Bid Protest Decides Appeal Patent Ambiguity Dispute Many government contract bidders find the rules of patent ambiguity in solicitations to be very confusion. In many cases, they see the problem when filing a post-award bid protest. The recent decision at the US Court of Appeals… 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 »

Indian Incentive Program

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

What Does Ambiguous Mean in Government RFPs?

When it comes to responding to federal government proposals, agencies must be clear on what they want the general public to bid on. The issue of the meeting the ambiguous definition often comes up in a government bid protest. The definition of ambiguous in a government RFP occurs then two… Read more »

Assignment of Contract Versus Novation Clause FAR 42.1204

Novating a contract that involves a federal government contract can be painless so long as buyers and sellers of businesses understand how the process works.  All should be aware that the contracting officer does not have to approve every assignment novation of contract transactions under the FAR 42.1204 novation clause. Avoid… 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 »

Asset Purchase Agreement & Government Contract Novation

As a government contractor, or company seeking to buy a business where federal contracts are involved, you must consider the various implications you face given the federal regulations governing novation law and the sale of a business and assignment of contract issues. There are various legal nuances involved with assignment… Read more »

Government Proposal Writing and Bid Submission Mistakes

Part of a bidder’s government proposal writing efforts is to make sure that it follows the bid submission directions in the solicitation. As obvious as this may sound, companies have been known to make mistakes and cause their proposals to be rejected by the contracting agency. In a recent case,… Read more »

Buy American Act Countries List & TAA Compliant Countries

When applying the rule for establishing Buy American Act countries and the TAA compliant countries of origin, contractors doing business with the federal government should understand the basics of Buy American Act compliance. Many companies make dangerous mistakes and find themselves facing costly penalties and fines(including losing lucrative federal contracts in a bid… Read more »