Quite a few federal contractors find themselves disappointed in GAO’s protest decision that agrees with the agency’s evaluation decision. Protesting technically unacceptable proposal decisions in a GAO protest can be disappointing if contractors fail to apply the proper legal analysis in a bid protest. When writing your technical proposal, merely… Read more »
Understanding the specific roles at the agency level and what the Small Business Administration SBA must do when evaluating your proposal for a Government Certificate of Competency (COC) and responsibility can save you the contract. What is the Small Business Certificate of Competency Program? In defense contracting, a Certificate of… Read more »
Understand the Rules When You Allege Government Contract Bundling As a small business, you may often wonder whether the government contracting agency is unlawfully engaging in bundling their contracts. Others may wonder whether there is anything they can do about it. The first thing that small businesses must do is… Read more »
Simply Depending on Your Experience as an Incumbent Does Not Get the Win When challenging a government contracting agency’s technical evaluation scores as an incumbent contractor, whether for past performance or overall technical approach, you must be mindful that if you are the incumbent contractor, that status alone does not provide… Read more »
Many government contractors submit IDIQ proposals for indefinite quantity contracts expecting a guaranteed minimum requirements from the government. Not all agencies comply with the stated contract requirements and may be in breach of contract. However, bidders should exercise caution when reading the solicitation. When the language is clear in the solicitation and the government… Read more »
When you submit your proposals for government contracts, bidders often forget to actually check their Offeror Representations and Certifications or reps and certs form and comply with FAR 52.212-3. There Can be Consequences for Misrepresentation Failure to check you reps and certs for each bid submission can sometimes create problems. This can… Read more »
What is the Best Approach to Challenge the Requirements Under FAR 52.219-9? Minimize the Chance of Noncompliance and Contract Termination FAR 52.219-9 small business subcontracting plan requirements are frequently seen in solicitations from the federal government. The underlying reason is to advance opportunities for small businesses in larger contracts. Contractors… Read more »
Oftentimes government contractors may want to file SBA size standards protest because they have reason to believe that the awardee does not meet the definition of a small business. However, given the short deadlines, companies have a difficult time explaining why the competitor is not a small business. This procedural requirement… Read more »
Under SBA small business regulations, the ostensible subcontractor rule requires that when a subcontractor is actually performing the primary and vital contract requirements of the contract, or when the prime contractor is unusually reliant upon the subcontractor, the two firms are affiliated for purposes of the procurement at issue. The rule’s purpose… Read more »
Whenever government contractors file a bid protest addressing the government cancellation of solicitation, there are certain considerations they must contemplate. For example, in a recent GAO protest, Matter of: TaxSlayer LLC, the firm protested the Government’s cancellation of the solicitation and GAO did not agree with protestor’s arguments. GAO disagreed… Read more »