Avoid Costly Legal Mistakes When Challenging Total Small Business Set Aside Rules by the Government In Bid Protests. If you are selling products or services to the federal government, then you may already know that procurement law provides for very strict rules about small business set aside decisions. However, many contracting agencies… Read more »
Under the Newly Organized Concern Rule, when filing or defending an SBA Small Business Size Protest, government contractors must be aware of the nuances and landmines awaiting them. The newly organized concern rule consists of four required elements: (1) the former officers, directors, principal stockholders, managing members, or key… Read more »
Lack of Crucial Technical Proposal Writing Information Can Cost You the Contract Technical proposals that introduce involvement or parent companies will be heavily scrutinized by government contracting agencies. Even when you are proposing larger subcontractors you still have to meet certain proposal inclusions to get a favorable rating. There are… Read more »
How to Avoid Costly Contractor Teaming Agreement Mistakes in a Bid Protest When submitting a government proposal, you may choose to submit a contractor teaming agreement to show evidence of relationships with another subcontractor. Yet, a question arises in a bid protest whether your teaming agreements were sufficiently evaluated by the Source Selection… Read more »
Common Management and identity of interest are part of affiliation disputes raised in a small business size protest. However, you must be fully aware of the legal issues and how lawyers analyze them. You do not want to lose out in a SBA size appeal by taking on the case… Read more »
Note: President Trump repealed the Executive Order when it comes to hiring incumbent employees. Did the contracting officer change your contract clauses? If not, does the rule still apply? Although the Executive Order has Been Repealed, Companies Must still be aware that they can still be found affiliated by hiring… Read more »
DOD small business agreements and contracts, especially teaming agreement contracts, are commonplace in today’s federal marketplace. Government DOD contracts get larger and more complex. Small companies cannot keep up with the increased resources that it takes to bid for and perform more major federal contracts. As a result, small businesses seek out other… Read more »
Are you a small disadvantaged business enterprise that needs help getting federal government contracts? New Small Business Administration (SBA) 8a SDB certification rules are somewhat tricky but you can overcome affiliation by applying the basic requirements. An SBA Small Disadvantaged Business Concern under 13 CFR 124.1002 or DBE carries some weight in Federal… Read more »
Subcontractor Totality of the Circumstances Affiliation Test In Small Business Size Appeal Litigation at SBA Office of Hearings and Appeals Can be Very Tricky The SBA Office of Hearings and Appeals (SBAOHA) applies the totality of the circumstances test in small business size determination appeals and subcontractor size protests cases… Read more »
Although congressional mandates show an increase in total small business set aside procurement, filing a bid protest that challenges the contracting agency’s decision to set aside a procurement for small businesses must be approached with extreme care. The ultimate concern under FAR 19.502 is to understand what exactly is the government contracting agency supposed… Read more »