Protesting Technical Proposal Evaluation & Management Factors

Protesting an agency’s technical proposal evaluation and management evaluation factors, and ultimate source selection decision can be problematic you do not show that the Source Selection Board acted unreasonably or failed to follow the RFP requirements. Technical Proposal Evaluation of Management Factors In a recent GAO protest, for example, the… Read more »

What Does Ambiguous Mean in Government RFPs?

When it comes to responding to federal government proposals, agencies must be clear on what they want the general public to bid on. The issue of the meeting the ambiguous definition often comes up in a government bid protest. The definition of ambiguous in a government RFP occurs then two… Read more »

Reps and Certs FAR 52.212-3

When submitting a bid for federal contractors, offeror representations and certifications (proposal’s reps and certs ) can become a serious issue. Bidders are sometimes sanctioned with false claims and potential suspension and debarment when submitting proposals to the federal government.  Failure to perform due diligence with your company reps and… Read more »

Government Proposal Writing and Bid Submission Mistakes

Part of a bidder’s government proposal writing efforts is to make sure that it follows the bid submission directions in the solicitation. As obvious as this may sound, companies have been known to make mistakes and cause their proposals to be rejected by the contracting agency. In a recent case,… Read more »

Buy American Act Countries List, TAA & BAA Compliant Countries

When applying the rule for establishing Buy American Act countries and the TAA compliant countries of origin, contractors doing business with the federal government should understand the basics of Buy American Act compliance. Many companies make dangerous mistakes and find themselves facing costly penalties and fines(including losing lucrative federal contracts in a bid… Read more »

Service-Disabled Veteran Owned Business Government Market Research

A question often arises as to whether in a service disabled veteran owned business SDVOSB contract the federal government can restrict market research to a local geographic area. These are tough issues to address in  bid protest litigation. The first thing that potential bidders must realize as a Veteran Owned Small… Read more »

SBA OHA Has No Jurisdiction to Hear VA SDVOSB Status Appeals

In December 2015, the Small Business Administration Office of Hearings and Appeals (SBA OHA) decided a case and ruled that it did not have jurisdiction to hear a size appeal of the SBA’ Area Office Size Determination. The procurement was a VA SDVOSB set aside but the protestor had no… Read more »

Protesting SBA Certificate of Competency COC Decisions 13 CFR 125 and FAR 19.6

The SBA agency  Certificate of Competency (COC)  rules allow small business firms to challenge, generally in a bid protest, the agency’s source selection decision that is not technically responsible to perform the contract. Agency Responsibility Determination –The Rule of Law: The Small Business Act suggest that government contracting agencies should not make a… Read more »