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 »

SBA Joint Venture Advantages and Disadvantages

Although the SBA has new rules addressing joint venture agreements and affiliation, if you have an JV agreement that does not meet the regulatory requirements, your company can still be affiliated and lose the contract. In federal government contracting, there are many advantages for entering into a joint venture agreement (JV). However, there… Read more »

US Import and Export Compliance Laws and Importance of Conduct

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. When corporate executives face criminal liability for violation of export compliance laws, the defense… Read more »

Bid Bond Guarantee and SBA Surety Bonds

Many contractors have questions about a bid bond guarantee and SBA surety bonds and if their rejected bids can be protested on these grounds.  Many government contracts require some form of a surety guarantee or bond.  If your proposal does not comply with the solicitation requirement for a bid guarantee,… Read more »

When are Bid and Proposal Costs Recoverable? 28 USC 1491

Bid and proposal costs can be expensive.  Many contractors wonder whether they can recover bid and proposal cost incurred while preparing to submit their bid.  The answer is sometimes.  Many companies fail because they do not fully understand the legal requirements. It often depends on whether or not there was a… Read more »

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 »

FAR Cost Accounting Standards CAS Exemptions

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, many are not. As a government contractor, it is crucial to know whether… Read more »

Commercial off the Shelf COTS Items & FAR COTS Contracts

In government contracting, agencies sometimes buy commercial off the shelf items and services (COTS contracts).  Simply put, when the government buys these commercial items or services, there is not much that must change. Commercial Off the Shelf Items are leased, sold, or licensed items the general public including the government. The owner… Read more »

Commercial Items Clause and FAR 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 »