A common question arises when government contractors file a bid protest that challenges the agency’s past performance evaluation. Can the agency still give the awardee a higher performance rating when its CPAR ratings show that it had an unsatisfactory rating on one of its projects? It depends upon the documentation of… 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 »
Recently, many federal government contract bidders have experienced an adverse contractor responsibility determination trend when the agency evaluates their proposal. There are specific actions that the contracting officer must follow. Without a clear understanding of the regulations, you could miss out on a lucrative contract award. Challenging the agency’s nonresponsibility… 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 »
This decision shows that legal issues when submitting an equitable adjustment can be a nightmare and cause the company to lose out of thousands of dollars. In a recent case, the Armed Services Board of Contract Appeals (ASBCA) ruled that it had no appellate jurisdiction to hear an equitable adjustment… 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 »
Import Points With FAR Latent Defects in Construction Federal Contracts The FAR 52.246 latent defect definition in federal government contracting is a hidden defect in the purchased material or the quality of the services (including construction) and worked performed. Latent defects in construction government construction projects for remedial work are common. A… Read more »
To effectively respond to, or negotiate the government’s suspension or debarment actions under FAR 9.4, it is important for contractors to understand the underlying legal and policy principles when doing business with the government. Without understanding the reasons for the rule, a contractor will almost always fail to target the… 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 »
HUBZone Definition The HUBZone Program (Historically Underutilized Business Zone) is a United States Small Business Administration (SBA) program that provides some level of government contracting preferences for small company owners that operate their principle place of business in a designated consensus track and also provide jobs to employees who live in… Read more »