SBA Operating Agreement & Negative Control Definition

When making size determinations and affiliation under the negative control definition for small businesses, the SBA not only looks at finding actual control over the protested business but also whether a non-disadvantaged person or entity has the ability to control the company. Companies should make sure that their operating agreements do not… Read more »

FAR 42 CPAR Ratings & Past Performance of Contract Report

Avoid Costly and Painful Mistakes that Other Government Contractors Make With Performance of Contract Ratings. As a federal government contractor, your contractor past performance evaluation is recorded by having CPARS ratings under FAR Part 42. The Contractor Performance Assessment Reporting System (CPARS) might allow for valid reasons why the agency may have given you… Read more »

Sole Source Justification and Approval FAR 6.303-2

When an agency decides to award sole source contracts, a FAR Justification and Approval (J&A) is required as a check and balance to the Competition in Contracting Act requirement that federal contracting agencies must resort to full and open competition procurements. Many contractors often want to challenge the agency’s decision… Read more »

Sole Source Justification FAR Government Contract Awards

Small businesses involved in government contracting find themselves excluded from opportunities because of sole source justification FAR contracts. Government contract law allows federal agencies the opportunity to award sole source contracts, so long as the explanation is reasonable, and does not violate other regulations. Do Sole Source Justifications Violate the Competition in… Read more »

Understanding The Government’s Best Value Source Selection Process

Avoid the deadliest mistakes when submitting best value bids to the government. One of the most important pieces of information when developing a government RFP response is to understand how the federal government uses the best value source selection and RFP process to decide who wins the contract. Contractors bidding… Read more »

Price Realism Evaluation in Proposals

Filing a bid protest based upon allegations that the agency failed to conduct a proper price realism evaluation analysis can be tricky. The reason why government contractors fail in GAO protests is mostly because they find themselves arguing how the agency is supposed to conduct the price realism evaluation. An… Read more »

Past Performance Evaluation Confidence Ratings

Protesters often file bid protests challenge a government contracting agency’s  past performance evaluation confidence ratings of their proposals. Common concerns include the agency’s assignment of an unsatisfactory past confidence ratings. Agencies often find that your past performance examples or references were not relevant. This is where the initial controversy begins…. Read more »