Author: Cheryl Adams, Esq. How could this possibly go wrong? You cannot believe your good fortune: a large-business incumbent government contractor is not eligible for award of the agency’s follow-on procurement. The follow-on is a set-aside, the incumbent is too big to be eligible to compete for the contract. The… Read more »
Theodore P. Watson, Esq. Background of Relevant Facts Leading to Agency Decision for Cancellation of Solicitation. The Court of Federal Claims entered judgment in favor of Starry on its bid protest claim, concluding that the Department of Health and Human Services acted arbitrarily and capriciously in canceling its solicitation seeking… Read more »
Author: Cheryl Adams, Esq. You know your firm has the best product on the market. You should be able to win that lucrative government contract. But when the solicitation is issued, you find the requirements for domestic suppliers make you ineligible to bid. Your product is excluded. Should you throw… Read more »
Are you a small business struggling to comply with SBA NAICS Small Business Size Standards? We understand the complexities of navigating the NAICS size standards and how important it is to comply with them. That’s why we offer legal help specifically tailored to small businesses like yours. With our expertise… Read more »
One of the issues in filing a bid protest is the timeliness rules. Even more confusing is the deadline to file to GAO protest and the timeline to have the CICA stay enforce. Getting the confusing details sorted can make the difference between getting the case heard and getting the… Read more »
Your small business may at some point receive an adverse small business size determination from the SBA. Since so much is at stake, your immediate reaction would be to file a U.S. Small Business Administration – SBA size appeal to the Office of Hearings and Appeals ( SBA OHA). Your… Read more »
The Government Accountability Office (“GAO“) recently denied an LPTA contracts protest case where the protestor, US21, Inc., challenged the agency the Defense Logistics Agency the award of a contract to United Capital Investment Group, Inc. for delivery of fuels in the Kingdom of Jordan The protestor argued that DLA unreasonably… Read more »
The SBA has made it clear that populated joint venture government contracts will no longer be allowed. This change came about when the SBA issued its final rule about the Mentor Protégé Program. The new unpopulated joint venture rule says that when a joint venture is formed as a separate… Read more »
Withdrawing from Competition Means There is a Lack of Standing to Bring an SBA Size Protest In Size Appeal of AeroSage, LLC, SBA No. SIZ-5883 (2018) The SBA Office of Hearings and Appeals (OHA) ruled that the SBA Area Office correctly dismissed the small business size standard protest for lack… Read more »
When the federal government solicits proposals, there are conflict issues that may arise. However, federal government contractors often misunderstand both the FAR conflict of interest government contracts rules for challenging the conflict issue and how to draft a proper OCI conflict of interest mitigation plan, or OCI mitigation plan. What… Read more »