FAR Small Business Subcontracting Plan Requirements

It is common practice in federal government proposal writing process for you to meet FAR small business subcontracting plan requirements (FAR 52.219-9)or, in the most recent cases, small business participation plans. The question is how do you write one that withstands bid protest scrutiny or potentially gets higher scores than your… Read more »

FAR Limitations on Subcontracting Rules

Theodore P. Watson, Esq.  When it comes to the famous limitations on subcontracting rules, small businesses find themselves making disastrous mistakes when they use a teaming partner or named subcontractor when bidding on federal government contracts. Many companies lose federal contracts due to a bid protest. Whether you are a… Read more »

Size Appeals and The SBA Ostensible Subcontractor Rule

The SBA Ostensible Subcontractor Rule is a potent sword used to extinguish contract awards to government contractors. Small businesses must be extremely careful when submitting proposals that intend to use incumbent employees. This can be fertile ground for an SBA size appeal under the Ostensible Subcontractor Rule. The SBA Ostensible… Read more »

Understand Your Role Under the Ostensible Subcontractor Rule

Under the ostensible subcontractor rule, if your subcontractor is actually performing the primary and vital requirements of the contract, or you as the prime contractor is unusually reliant upon your subcontractor, then the two firms are affiliated for purposes of the procurement at issue. See 13 CFR121.103(h)(4). To determine whether… 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 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 »