Best Value Bid Protest : How to Attack Them

Launching a best value bid protest very common and among the most litigated cases before GAO. Oftentimes, agencies do not follow the solicitation’s requirements. However, to attack the agency’s actual evaluation needs an argument that is more than just a disagreement. Instead, attacking the best value evaluation requires a showing… Read more »

Ostensible Contractor Rule

Avoid Mistakes in Bid Protests Federal government contractors often have many questions about the Ostensible Contractor Rule and how it can impact the award of the contract. The bottom line is that if you are submitting government proposals as a small business, you want to stay away from the possibility… Read more »

Government Contracting Prompt Payment Act

The Prompt Payment Act (PPA), as enacted by Congress requires the government to pay invoices by the required due date. As a practical matter, the federal government usually pays invoices within 30 days. However, this does not always happen. As a government contractor, your ability to collect prompt payments from the federal government is essential to… Read more »

Government Contractor Teaming Agreement

Beware of an Improperly Drafted Government Contractor Teaming Arrangement  Using a Small business contractor teaming agreement is becoming a hot topic with small business set aside awards.  The SBA’s new rules about affiliation do not help matters much. However, there are some benefits to properly structuring contractor teaming arrangements and… Read more »

Suspension and Debarment Appeals 45 CFR 1641.24

Do You Know the Next Steps for Your Suspension and Debarment Appeals? As a government contractor, you must be aware that the Board of Contracts Appeal does not have jurisdiction to review suspension and debarment  appeals decisions. See Inter-Continental Equipment, Inc., ASBCA No. 38444, 90-1 BCA122,501 at 112,956 (holding the Board lacks… Read more »

Federal Performance Based Service Contracts FAR Part 37

As a government contractor, you should quickly become aware of federal government performance based service contracts under FAR Part 37. This is critical at the bidding stage as well as understanding your obligations at the performance stage. Responding to government bids creates much confusion for businesses that are not familiar with… Read more »

FAR Debrief Before Filing a Bid Protest Letter at GAO

 As a corporate decision to challenge a recent government contract award,  getting a pre award or post award debriefing before filing a bid protest letter at GAO is one of the most valuable tools that government contractors can use. One reason is that as a practical matter you are tasked with… Read more »

Government Subcontracting The Basics Information FAR 52.219 8

Small businesses become fertile ground for federal investigations when they either subcontract out too much work or simply engage in pass-through contracting. If you are new to federal contracting or an existing government contractor, you should promptly get up to speed on government subcontracting the basics IAW FAR 52.219 8… Read more »

GAO Protest Failure to Comply With Solicitation Requirements

If you file a GAO protest and argue that the Agency did not follow procurement regulations, you must ask yourself whether your proposal failed to comply with solicitation requirements. The government contracting agency can reject your proposal for failing to adhere to the solicitation requirements. A recent GAO protest case,Compuline International, Inc.B-408379 found that the agency… Read more »