Recently, many federal government contract bidders have experienced an adverse contractor responsibility determination trend when the agency evaluates their proposal. There are specific actions that the contracting officer must follow. Without a clear understanding of the regulations, you could miss out on a lucrative contract award. Challenging the agency’s nonresponsibility… Read more »
Contractors can sometimes make mistakes when calculating the SBA’s 35% HUBZone employee requirements when bidding for government contracts. 13 CFR 126.601 governs the employee residency requirements for HUBZone certified companies. Failure to comply with the rule can cause companies to lose out on millions in government contract awards. In addition,… Read more »
If You Do Not Correctly Apply the CAFC Federal Circuit Rules and Standard of Review in Bid Protest Appellate Cases, Your Case Will Fall Through the Cracks. When appealing a case to the United States Court of Appeals for the Federal Circuit (CAFC), the party appealing the case, usually from… Read more »
Becoming a bid protest intervenor is usually pretty simple. However, there are many cases where government contractors believed that the would become a bid protest intervenor but quickly found out that they were really not an interested party with legal standing to intervene in the protest. Many contractors attempt to… Read more »
HUBZone Definition The HUBZone Program (Historically Underutilized Business Zone) is a United States Small Business Administration (SBA) program that provides some level of government contracting preferences for small company owners that operate their principle place of business in a designated consensus track and also provide jobs to employees who live in… Read more »
The Federal Circuit Court of Appeals decided a bid protest case where the issue was whether the agency properly referred the offeror’s technical responsibility decision to the Small Business Administration for a COC Certificate of Competency review. This has become a common dispute in bid protest appeal cases. As a… Read more »
The U.S. Court of Appeals for the Federal Circuit in a recent case decided the issue of agency corrective action and how it impacts the pre-award decision and post-award decision process. In this case, the appellant appealed the Court of Federal Claim’s decision that the United States Transportation Command decision to… Read more »
The Government Certificate of Competency (SBA COC) Program is regulated by the Small Business Act (15 U.S.C. 637(b)(7)). After review of the contracting agency’s referral, the SBA issues a written decision to the contracting officer either certifying or not, that one or more of the small businesses are responsible and meet… Read more »
Avoid Costly Mistakes When Submitting 8(a) Joint Venture Past Performance GAO protests continue to surface because of improper past performance evaluation of proposals. In a recent case, GAO sustained a protest because NASA considered the awardee’s past performance. There was no record of actual performance. The problem was that the solicitation stated that NASA would not… Read more »
What Does Ambiguity Mean? Many government contract bidders find the rules of patent ambiguity in solicitations to be very confusing. In many cases, they see the problem when filing a post-award bid protest. The recent decision at the US Court of Appeals for the Federal Circuit illustrates how important it… Read more »