In the recent case of SBA Size Appeal of Medical Comfort Systems, Inc., and B&B Medical Services, Inc., SBA No. SIZ-5640 (2015), OHA found that the Area Office correctly determined that common management and past affiliation between firms had ended well before the date for determining size and that identity of interest… Read more »
When agencies evaluate your subcontractor proposal’s past performance, it must properly consider the Subcontractor’s Performance of your named teaming partners or subcontractors. The government uses subcontractor performance evaluation critieria 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 »
Given the heightened efforts by federal law enforcement agencies to pursue Large DOD contractors and small businesses for violating Buy American Act requirements, companies want to ensure that they avoid criminal and civil liability. When challenging government contract award decisions under Buy American Act FAR 52.225-1, FAR Part 25, DFARS… Read more »
Oftentimes bidders find that their cost realism evaluation in government contracting may be flawed and they may want to file a bid protest. A common problem in the evaluation process is when the agency fails to properly evaluate whether the number of hours proposed by each contractor is realistic from a cost standpoint. … Read more »
There has been recent litigation as to the small business VA rule of two small business set aside rules and agency assessments 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 under FAR 19.502-2 or other VA… Read more »
Learn How to Address Agency Exclusion From the Competitive Range Determinations in Government Contracting Bid Protests If your company has been excluded from the competitive range during a federal bid, there are some issues to watch out for. Just like any bid protest case, it’s all about what is in… Read more »
Many government contractors often try but fail to successfully argue on appeal that the Government agency acted in an arbitrary and capricious manner when evaluating and deciding which company gets the contract award. When litigating a bid protest, it is critical to first understand what the arbitrary and capricious definition is… Read more »
Oftentimes, government contracting agencies attempt to support their cost evaluation methods and ultimate award solely on the cost submitted by the contractor. However, a flawed evaluation can become target to a bid protest at the Government Accountability Office (GAO). Cost Evaluation Methods in Cost-Reimbursement Contracts When an agency evaluates pricing… Read more »
When filing a GAO bid protest, it is important to understand that an agency’s source selection plan only provides internal agency guidelines. The plan is generally for the agency’s internal usage and does not by itself give outside parties any rights. The plan typically becomes a highly-relevant topic after the bid protest is filed… Read more »
The FAR Buy American Act, 41 USC 10a -10d (2000 and Supp. I 2001), provides for the acquisition of American materials and goods for public use. The exception to the rule is that such an acquisition is inconsistent with the public interest or the cost is unreasonable. If there is… Read more »