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 »
Under the Federal Anti-Kickback Act, criminal action can occur if there is a specific intent to induce referrals or orders for services. In government contracting and other federal activities, Anti-KickBack Statute Liability can be up to five years in prison, with the potential for additional criminal fines up to $25,000,… Read more »
There has been recent litigation as to the small business VA rule of two small business set aside rules and agency assessments before using the FSS Schedule. This can be a problem especially when filing a government contract bid protest at GAO or Court of Federal Claims under FAR 19.502-2 or other VA… Read more »
Many government contractors often try but fail to successfully argue on appeal that the Government agency acted in an arbitrary and capricious manner when evaluating and deciding which company gets the contract award. When litigating a bid protest, it is critical to first understand what the arbitrary and capricious definition is… Read more »
Bid and proposal costs can be expensive. Many contractors wonder whether they can recover bid and proposal cost incurred while preparing to submit their bid. The answer is sometimes. Many companies fail because they do not fully understand the legal requirements. It often depends on whether or not there was a… Read more »
Agency bid protests can be worth the effort at times. However, there is downside. You have the right to file a federal agency protest when you find out that you are the unsuccessful bidder. You can also file a bid protest at the Government Accountability Office (GAO) or the U.S. Court of… Read more »
For each bid protest filed, the Competition in Contracting Act (CICA) requires the contracting officer to “immediately direct the contractor to cease performance under the contract and to suspend any related activities that may result in more obligations being incurred by the United States under that contract.” See 31 USC… Read more »
Although it is relatively easy to qualify, small businesses often find themselves in adverse situations when a competitor challenges their SBA NAICS size standards under 13 CFR Part 121 for certain industries. When an SBA bid protest is filed, the SBA then conducts an investigation and then makes a formal… Read more »
Learn how to avoid costly mistakes when challenging the government’s source selection decision in a protest based on best value versus lowest price evaluation criteria. Sometimes government contractors may fall short of winning arguments in a source selection decision protest challenging DOD source selection decisions and ultimate contract award decision…. Read more »
The Area Office (“AO”) has discretion to apply the adverse inference rule once the Small Business Administration (“SBA”) has received a size protest or a request for a formal small business size determination. 13 CFR 121.1008(d); 13 CFR 121.1009(d). The rule will likely be applied if the protestor fails to offer the… Read more »