After federal contractors acquire government contracts, some of them seek an exit strategy structuring a merger and acquisition of the company. However, when compared to the traditional commercial practice, when there are existing government contracts involved, buyers and sellers should beware. If you are contemplating joining your company with a… Read more »
Avoid the Wrath of the SBA’s Present Effect Rule Many government small businesses make the huge step of merging with other companies for viable business reasons. However, when considering small business mergers and acquisitions impact, the SBA’s “present effect” rule, the SBA considers agreements to merge (including agreements in principle) as… Read more »
In government contracts, the subtle difference between using a contractor teaming agreement vs joint venture agreement is that a teaming contract essentially identifies the prime contractor and subcontractor relationship and discusses the roles of each to the government during the bidding and evaluation process. by contrast, in a joint venture… Read more »
Does Your Teaming Agreement Avoid the SBA Affiliation Definition? You Can be Exposed to Criminal Liability If DOJ Investigates You. Some SBA small business affiliation rules and decisions can surprise you. If you are the awardee you want to be able to offer sound legal arguments why the protestor’s allegations… Read more »
In government contracting, agencies sometimes buy COTS commercial off the shelf items and services (COTS products). Simply put, when the government buys these commercial items or services, there is not much that must change. Getting involved in disputes with the government or engaging in bid protest litigation can create a… Read more »
SBA Common management and identity of interest disputes in size protest cases involve complex SBA affiliation regulations, that if violated can impact your ability to bid on future government contracts. The following are pointers derived from the SBA. A basic understanding can help you avoid costly mistakes, such as common management… Read more »
When you as a government contractor decide to file a bid protest that challenges the agency’s LPTA contract evaluation of your proposal, there is a striking difference between a government solicitation that will be evaluated on a lowest price technically acceptable (LPTA Government Contracts) source selection process versus a proposal… Read more »
A common question in federal procurement arises as to what date does your size count for an SBA small business size protest under Code of Federal Regulations Title 13 part 121 (13 CFR part 121 small business definition) SBA regulations stipulate that if you meet SBA size standards at the time you… 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 »
When you find a federal Request for Proposal that you believe that you can perform, you also want to develop good proposal ideas that can reduce the government’s risk, and can also offer additional value. The Federal Acquisition Regulation (FAR) does not give a checklist of suggestions to create additional value. The burden… Read more »