Government contractors sometimes have to make a decision to engage in protesting federal government contract awards. This level of litigation can be brought before the contracting agency, the Government Accountability Office, or the U.S. Court of Federal Claims. To help to make the process easier, companies should start the decision… Read more »
When the federal government’s contracting agency tries to justify lower past performance evaluation scores, your company at first glance may find it hard to challenge the decision in a bid protest. As in every litigation case, facts drive almost everything. Bid protests based on contractor past performance have less than… Read more »
The SBA adopted new rules and revised 13 CFR 126.200(b)(6). HUBZ Ones small businesses must still comply with the required subcontracting requirements in the performance work statement. In other words, the company must certify in its bid that it will company with the limitation on subcontracting requirements with respect to… Read more »
The US Court of Appeals for the Federal Circuit (CAFC) ruled against the Court of Federal Claims decision on a Request for Equitable Adjustment Claim (REA) against Agility Defense for increased cost under the provisions of FAR 16.503. The Appeals from the Claims Court was due to denial of a government… Read more »
Avoid Costly Mistakes Under the New Joint Venture Rules The new SBA joint venture agreement regulations primarily focus on broadening the exclusion from affiliation for small business size status. See 13 CFR 121.103(h). Specifically, the new rule allows two or more small businesses to joint venture for any procurement without being… Read more »
Not understanding the small business set aside subcontracting rules that govern whether or not your company is a similarly situated small business can cost everyone the contract in a small business set aside size protests Theodore P. Watson, Esq. Many small businesses will be faced with dissecting the most recent SBA… Read more »
Effective June 30, 2016, the Small Business Administration (SBA subcontracting) changed some of the key points in the limitations on subcontracting clauses for small business set-aside contracts. Failure to properly assess compliance could potentially cost you the contract in a bid protest or even cause your company to be subject… 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 »