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 »

Freedom of Information Act FOIA Request 5 U.S.C. 552

Sometimes government contractors under 5 U.S.C. 552 seek to get information via a Freedom of Information Act request, commonly referred to as a FOIA request, to find out information about a specific procurement or another contractor. Before you submit a FOIA request, you may want to find out if the… Read more »

Best Value Procurement Not Worth Higher Price – GAO Decision

In a recent GAO bid protest decision, HGS Engineering, Inc.; American Commercial Group, Inc. Challenging the government’s best value procurement decision, GAO agreed with the agency’s source selection decision. The protestors challenged the agency’s decision that the awardee’s proposal represented the best value to the government. These bid protest challenges,… Read more »

SBA Negative Control Definition 13 CFR 121.103

Does Your SBA Operating Agreement Comply With the Rules Under 13 CFR 121.103? If Not, You Can Lose Your Contract. 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… Read more »

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 CPAR ratings under FAR Part 42. The Contractor Performance Assessment Reporting System (CPARS) might allow for valid reasons why the agency may have given… Read more »

FAR Sole Source Justification and Approval Requirements

When an agency decides to award sole source contracts, a FAR 6.303 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… Read more »