Subcontractor Past Performance Evaluation Criteria

When agencies evaluate your proposal’s past performance, it must properly consider the Subcontractor Past Performance of your named teaming partners or subcontractors.  The government uses contractor past performance to establish a level of confidence when determining the best value. The government will look at the offeror’s success on performing recent and… Read more »

Service Disabled Veteran Owned Small Business SDVOSB Fraud

In service disabled veteran-owned fraud cases, and as a result of Public Law 109-461, the VA is authorized to award sole source contracts and/or set aside contracts for Service-Disabled Veteran-Owned Small Businesses (SDVOSB). From 01/01/2008 to 09/30/2014, the VA OIG Office of Investigations indicted 44 individuals/companies; arrested 40 individuals; and… Read more »

Preparing a Government Contract Bid

New companies and existing vendors constantly struggle with their ability to prepare for a government contract bid. Sometimes the solicitation language is vague and the questions and answer session from the agency does not adequately explain the problem. This impairs the ability to submit a winning proposal. In other situations,… Read more »

Federal Anti-KickBack Statute Liability

Under the Federal Anti-Kickback Act, criminal action can occur if there is a specific intent to induce referrals or orders for services. In government contracting and other federal activities, Anti-KickBack Statute Liability can be up to five years in prison, with the potential for additional criminal fines up to $25,000,… Read more »

Hiring Proposal Writer Services for Government RFPs

Most companies bidding on government RFP’s understand the amount of time it takes to read, understand, plan and then write a response to the proposal. Not all government contractors can afford to hire in-house proposal writers to respond to federal government bids. Their only other option is to resort to… Read more »

VA FSS — Avoid Costly Mistakes With VA Rule of Two

There has been recent litigation as to VA FSS small business set aside Rule of Two contracting assessment before using the FSS Schedule. This can be a problem especially when filing a government contract bid protest at GAO or Court of Federal Claims. The FAR generally demands that “[c]ontracting officers shall provide for… Read more »

Types of Government Contracts

It is crucial to understand the types of contracts  in federal contracting because different types can create different remedies.  The various types of government contracts impact your financial implications and work responsibilities and performance in numerous ways.  You want to make sure you understand what type of contract you are… Read more »

Joint Venture Advantages and Disadvantages

In federal government contracting, there are many advantages for entering into a joint venture agreement (JV). However, there are some joint venture disadvantages that can cripple a company. Small businesses especially have to be aware of the tricky rules and laws that impact joint venture relationships. When making your decision to enter into JV… Read more »

US Compliance Laws and Importance of Conduct in Export Control

The Government is strict on its oversight of the Arms Export Controls Act of 1976 and US compliance laws. Although ITAR laws have sweeping results and liability for individuals and companies, the central issue for litigation is actual conduct. Looking at the plain meaning of import export  US compliance laws and statutes, courts recognize… Read more »