Joint Venture Advantages and Disadvantages

Although the SBA has new rules addressing joint venture agreements and affiliation, if you have a 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 joint venture advantages and disadvantages (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 »

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 »

Cost Accounting Standards CAS Exemptions and the Importance

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 exemptions, many are not. The importance of cost accounting standards and the… Read more »

Commercial Off the Shelf COTS Items in Government Contracts

In government contracting, agencies sometimes buy commercial off the shelf items and services (COTS Items).  Simply put, when the government buys these commercial items or services, there is not much that must change. Getting involved in disputes with the government or engaging in bid protest litigation can create a huge burden on… 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 »

IDIQ Contract & Government Contract Minimum Payment

IDIQ Task Order Contract – Dealing  With the Government Minimum Payment The United States federal government and its procurement agencies use a variety of  IDIQ contract vehicles to procure services and products. One typical example is the indefinite delivery / indefinite quantity IDIQ contract vehicle. What are IDIQ Contracts? When… Read more »

Sealed Bid Definition – Government Bids and Proposal Process

A sealed bid is a procurement method used in the government bid and proposal process to obtain government contracts.  Sealed bidding varies from traditional government proposals; it is important to understand the differences and the nuances that go along with a sealed bid. Sealed Bid Process Sealed bidding is primarily used for… Read more »