There has been recent litigation as to the small business VA rule of two small business set aside rules and agency assessments before using the FSS Schedule. This can be a problem especially when filing a government contract bid protest at GAO or Court of Federal Claims under FAR 19.502-2 or other VA… Read more »
Without a grasp of the commonly used best value source selection criteria and evaluation factors in agency source selection evaluations, protestors often find themselves at a disadvantage during the litigation stages. Government contracting agencies frequently use various evaluation techniques in their best value source selection process. Although companies may disagree with the results… Read more »
Learn How to Address Agency Exclusion From the Competitive Range Determinations in Government Contracting Bid Protests If your company has been excluded from the competitive range during a federal bid, there are some issues to watch out for. Just like any bid protest case, it’s all about what is in… Read more »
Many government contractors often try but fail to successfully argue on appeal that the Government agency acted in an arbitrary and capricious manner when evaluating and deciding which company gets the contract award. When litigating a bid protest, it is critical to first understand what the arbitrary and capricious definition is… Read more »
During the performance of a federal project, a government contractorFAR release of contract claims statement under FAR. requirements can blindside contractors. In good faith, they believe that once the agency gets the benefit of services they will be paid. Cases show that is simply not true. Never Sign Federal Contract… Read more »
After the government exercises its rights to terminate your contract under the termination for convenience clause, you then have to submit your damages in a termination for convenience settlement proposal. It must be done within one year. Therefore, you must develop your settlement posture early. The government will almost always… Read more »
Understanding the applicable federal False Claims Act statute of limitations for fraud cases under 31 USC 3729 and 18 USC 3731 can often get the case dismissed if not adhered to by the government. As for any case, facts drive the outcome of any limitations dispute. The regulation puts the… Read more »
Oftentimes, government contracting agencies attempt to support their cost evaluation methods and ultimate award solely on the cost submitted by the contractor. However, a flawed evaluation can become target to a bid protest at the Government Accountability Office (GAO). Cost Evaluation Methods in Cost-Reimbursement Contracts When an agency evaluates pricing… Read more »
When filing a GAO bid protest, it is important to understand that an agency’s source selection plan only provides internal agency guidelines. The plan is generally for the agency’s internal usage and does not by itself give outside parties any rights. The plan typically becomes a highly-relevant topic after the bid protest is filed… Read more »
The FAR Buy American Act, 41 USC 10a -10d (2000 and Supp. I 2001), provides for the acquisition of American materials and goods for public use. The exception to the rule is that such an acquisition is inconsistent with the public interest or the cost is unreasonable. If there is… Read more »