When agencies use their source selection process for evaluation and best value trade-off of technical proposals, the government contract law only allows for reasonable technical proposal and best value trade-off decisions. This occurs during the final stages of a negotiated procurement by comparing competing proposal to each other. When the Agency receives initial proposals,… Read more »
In a GAO bid protest that challenges the agency’s small business set aside decision, contractors would have to focus on facts pertaining to the prior procurement history, the recommendations of appropriate small business specialists, and market surveys that include responses to sources sought announcements. This one reason why government contracting agencies issue… Read more »
In 2008, under FAR 52.203-13, “Contractor Code of Conduct and Business Ethics and Conduct” – the clause promulgated that appears in all Federal prime contracts that exceed $5 million and have a period of performance of 120 days or more and is required to be included in subcontracts of that dollar… Read more »
Theodore P. Watson, Esq.Watson & Associates, LLC professionals often serve as government contractor defense attorneys. when the Department of Justice (DOJ) or the Office of Inspector General ( OIG) comes knocking on your door. The importance of having a strong legal defense early in the investigation stage means having legal… Read more »
A small business partnership agreement between companies and individuals in Colorado is a necessary document when starting a business with more than one partners. Having this important business partnership contract between two business partners can reduce the need for expensive litigation. It can also serve as a reminder between partners… Read more »
Indulging in Federal construction contracts can be very lucrative in the federal procurement world. However, the risk of non-performance is definitely present and any federal construction contracting company must approach projects with caution. As a contractor, you should be aware that you are dealing with an extremely large client with a… Read more »
(Failure to Understand the Basics Can Cost You Hundreds of Thousands in Litigation or Criminal Liability? What are the Federal Acquisitions Regulations ( FAR)? The Federal Acquisitions Regulations ( FAR) are codified in Title 48 of the United States Code of Federal Regulations. It is issued pursuant to the Office of Federal… Read more »
Construction scope of work changes is commonplace on any federal construction project. As a general contractor, the “changes clause” allows the government or owner to make changes to the scope of work (SOW) after the contract performance period starts. Having a thorough understanding of the the contract terms and conditions can make a… 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 »
The Federal Government Has Increased Oversight and is Cracking Down on Federal Procurement Integrity Act violations under FAR 3.104. In Addition to Criminal Defense Law You Should Also Understand the Procurement Process – The End Result Depends on It. What is the Procurement Integrity Act? The Procurement Integrity Act prohibits… Read more »