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 »
Understanding the Difference Between Meaningful Discussions and Unequal Discussions Can Improve Your Chances of Winning Bid Protests A common misunderstanding in analyzing meaningful discussions as compared to unequal discussions in bid protests is the legal application under the FAR and in a bid protest forum such as the GAO. Without a clear understanding, contractors… Read more »
When deciding whether the contracting officer or agency can accept a late bid proposal submission, there are some very harsh decisions both at GAO and at the U.S. Court of Federal Claims. A recent GAO Case dealt with late proposal submission in a reverse auction. GAO found that the protestor had… Read more »
When the government considers buying from a sole source contract vs single source contract, the simplified procedures established under FAR Part 13 are designed to promote efficiency and economy in federal government contracting and to avoid unnecessary burdens for agencies and contractor. When using simplified acquisition procedures, agencies are only required… Read more »