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 »

SBA Certificate of Competency COC Program & Bid Protests

You Can Avoid Common Mistakes and Spending Unnecessary Legal Fees By Understanding the SBA and Government Certificate of Competency (COC) Process.  The SBA’s COC Program is governed by the Small Business Act, 15 USC 37(b);  13 CFR 125.5 and FAR Part 19.6. A Government Certificate of Competency is a written document from… Read more »

Protesting Technically Unacceptable Proposal Decisions

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 »

Mail and Wire Fraud Against the Federal Government

Defending Against the Mail and Wire Fraud Against the Federal Government Can be Tricky Business. Learn About the Risks If You are Subject to an Investigation. When it comes to mail fraud in a federal procurement contract, criminal actions and wire fraud against the federal government, criminal prosecution of contractors,… Read more »

Urgent and Compelling Circumstances in Government Contracting (CICA)

When government contracting agencies assert urgent and compelling circumstances, it is usually a predicate for override the Competition in Contracting Act (CICA government Contracts) Automatic Stay or to justify a sole source award. Although agencies may heavily document its reasons, a successful bid protest can be possible if the contractor… Read more »

Common Law Right of Set off in Government Contracts

The government has a federal common law right of set off costs, also referred to as offset, to balance mutual debts and it can be used as a defense against a contractor to better reconcile competing claims.  It is important to understand, as a contractor, when the government may be able… Read more »

ASBCA Rules – Jurisdiction and Contractor Claims

Making sure that your government contract claim appeal is, and can be, heard by the proper body is critical under Board of Contract Appeals ASBCA Rules.  If you file an appeal that cannot be heard, you are simply wasting time and money. When the contracting officer issues a final decision,… Read more »

Government Procurement Fraud Defense to False Claims Act

Government procurement fraud litigation has escalated over the past few years due to the increased government oversight. A particular target of federal procurement law is the federal False Claims Act. 28 USC 2514. To prevail under section 2514, the government must “establish by clear and convincing evidence that the contractor knew… Read more »