A question often arises as to whether in service-disabled veteran owned business SDVOSB set aside contracts the federal government can restrict market research to a local geographic area. These are tough issues to address in bid protest litigation. The first thing that potential bidders must realize as a Veteran Owned… Read more »
When an agency decides to award sole source contracts, a FAR 6.303 Justification and Approval (J&A) is required as a check and balance to the Competition in Contracting Act requirement that federal contracting agencies must resort to full and open competition procurements. Many contractors often want to challenge the agency’s… Read more »
Small businesses involved in government contracting find themselves excluded from opportunities because of FAR sole source justification contracts. Government contract law allows federal agencies the opportunity to award sole source contracts, so long as the explanation is reasonable and does not violate other regulations. Do Government Sole Source Contracting Justifications Violate… Read more »
Federal government contract types come in various forms. One of the most complex types is the cost-reimbursement contract. Federal courts have imposed False Claims Act liability for underbidding in cost-reimbursable contracts. United States ex rel. Loughren v. Unum Group, 613 F.3d 300, 310 (1st Cir. 2010). This kind of arrangement is somewhat… Read more »
Avoid the deadliest mistakes when submitting best value bids to the government. One of the most important pieces of information when developing a government RFP response is to understand how the federal government uses the best value source selection and RFP process to decide who wins the contract. Contractors bidding… Read more »
Understand the Rules When You Allege Government Contract Bundling As a small business, you may often wonder whether the government contracting agency is unlawfully engaging in bundling their contracts. Others may wonder whether there is anything they can do about it. The first thing that small businesses must do is… Read more »
What is the Best Approach to Challenge the Requirements Under FAR 52.219-9? Minimize the Chance of Noncompliance and Contract Termination FAR 52.219-9 small business subcontracting plan requirements are frequently seen in solicitations from the federal government. The underlying reason is to advance opportunities for small businesses in larger contracts. Contractors… Read more »
There is still great confusion between small businesses about 8a sole source and 8a set aside contracts versus HUBZone contracts set-aside requirements. 8a set asides are a powerful tool for agencies to achieve small business and small disadvantaged business contracting goals. When challenging the agency’s decision, contractors should beware of the… Read more »
When the government considers buying from a sole source contract vs single source contract, the simplified procedures established under FAR Part 13 are designed to promote efficiency and economy in federal government contracting and to avoid unnecessary burdens for agencies and contractor. When using simplified acquisition procedures, agencies are only required… Read more »
When agencies evaluate your subcontractor proposal’s past performance, it must properly consider the Subcontractor’s Performance of your named teaming partners or subcontractors. The government uses subcontractor performance evaluation critieria to establish a level of confidence when determining the best value. The government will look at the offeror’s success on performing recent and… Read more »