Small businesses that are bidding on government contracts must be aware of the risks of hiring management level employees from a competitor or a company where there have been previous relationships. Although the person has left the other company, the SBA’s investigation after a small business size protest is filed… Read more »
Federal government contractors interested in participating in the DOD Mentor Protege Programs may want to get acquainted the new rules. There some slight twists to the SBA’s new regulations that both mentors and proteges should be familiar with Under 13 CFR 125.9 and 13 CFR 124.520 Although simply put in the… Read more »
Theodore P. Watson, Esq. Historically Underutilized Business Zones / HUBZone joint venture rules are very specific and can be complex. The Small Business Administration (SBA) has initiated some new twists to the joint venture regulations that your company should be aware of. Failure to follow them can lead a small business… Read more »
Native American contracting still has its ups and downs. SBA OHA is still faced with subcontractor affiliation appeals despite what some may consider easy to understand rules under 13 CFR 121.103. As recently as April 2017, the Small Business Administration (SBA) found Olgoonik Diversified Services, LLC to be affiliated due… Read more »
The federal government has decided that using the FAR best value procurement system when evaluating requests for proposals maximizes the level of performance after award. Instead of focusing on solely the pricing aspect of a proposal, the government can use a combination of source selection process tools and approaches. The… Read more »
You Can Lose Your Case on Appeal If You Don’t Understand the Difference Between the Requirement of an Expressed Contract vs Implied Contracts When filing a government contract claim based upon breach of express contract terms, there is a specific legal analysis that the courts use to validate such claims. When… Read more »
Prime contractors on a federal construction contract can find themselves in serious jeopardy when the completion of the project is delayed. This is when the government exercises its rights under the FAR liquidated damages clause in the contract. Understanding the ins and outs of how the liquidated damages clause in… Read more »
Avoid Losing Government Contracts in SBA Size Protests, Or Criminal Liability for Violating SBA Affiliation & PPP Loan Rules. SBA Small Business Affiliation Rules have been relaxed in recent years. However, more and more small businesses are being investigated by the Department of Justice and SBA OIG. Even though understanding… Read more »
Compared to regularly solicited proposals by the federal government, writing FAR Part 15.6 unsolicited proposals can be a daunting process. Further filing a bid protest regarding the agency’s improper rejection of your unsolicited proposal can be that much more difficult. However, the US Federal Circuit Court of Appeals outlined the… Read more »
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 government contract protest process easier, companies should… Read more »