Litigating bid protest for lack of meaningful discussions when bidding with the federal government is still an ongoing problem. When contractors receive debriefings, they sometimes find that discussions held were far from meaningful. A bid protest alleging lack of meaningful discussions must be approached carefully since many agencies attempt to… Read more »
When trying to get the benefit of the SBA Mentor Protege Program, there is a Joint Venture affiliation exception that you must be extremely careful about. SBA rules that require 8a companies to get prior approval. This requirement poses substantial problems for small businesses relying on the SBA to approve a… Read more »
Contract Claims Certification and Appeals Requirements When reviewing the Contract Disputes Act certification requirements for litigation and appeals, a costly mistake made by government contractors is to submit a claim against the government but not follow the claim certification requirements of the Act. Another mistake is to file a government… 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 »
Problem: Having an internal control policy can save you headaches and stress as a business entity and as a government contractor. If you are a federal contractor, FAR regulations require you to have written codes of ethics. Sometimes Congress may request an agency to review a major contractor’s internal control policy. Issues… Read more »
Avoid Costly Pitfalls with Your Request for Equitable Adjustment (REA) Under FAR 52.243 and REA FAR Changes Clause in Government Contracts What is the FAR Changes Clause? The FAR Changes Clause, also known as the Changes clause, is a standard clause included in U.S. federal government contracts. It is prescribed… Read more »
Avoid costly legal mistakes with prime contractor subcontractor in privity of contract relationships in federal procurement. As a subcontractor to federal government procurement, you may often find yourself wondering what is the lack of privity of contract rule for government relationships with subcontractors and why the Contracting Officer, or even… Read more »
More and More federal government contractors are facing either suspension and debarment actions for ethics violations in government contracting or criminal liability for what can be arguable a failure to conduct self-policing or create the proper internal control procedures, contractor ethics and compliance audits. The objectives of internal control are… Read more »
Some contractors find it confusing when protesting the government’s best value trade off analysis. Without having a basic understanding of the agency’s discretion compared to what the procurement regulations require, your bid protest could be at risk. Get a second bite at the apple! Without a proper understanding, contractors quickly find… Read more »
The Procurement Integrity Act (PIA), FAR 3.104 penalties rules, as implemented by Congress, governs the relationship between government contracting officials and you the contractor. It also governs actions during the bidding process. The key to avoiding violations, civil and criminal penalties under the Act is to make sure that you train… Read more »