Acceptance of Late Proposal Exception In GAO Bid Protest Rules

When it comes to GAO acceptance of late proposal submission exception in bid protests, many contractors wonder what happens if their Request for Proposal (“RFP”) submission is late and if there are any exceptions that allow for relief.  While it is an offeror’s responsibility to deliver its proposal to the proper… Read more »

Recent 2014 FCPA Cases and Violations

It is important to keep up with recent FCPA cases so that you do not find yourself in a similar situation.  In 2014 alone, the Securities and Exchange Commission (“SEC”) has charged major companies, such as Smith & Wesson and Hewlett-Packard, with violating the Foreign Corrupt Practices Act (“FCPA”).  The… Read more »

US Export Administration Regulations EAR & Export Compliance and Penalties

Avoid Costly Mistakes With US Export Administration Regulations, EAR Compliance and Penalties If you are cited for violating the US Export Control  and commerce regulations, 15 CFR 730-774 (2007) (EAR), you can face both criminal and administrative penalties.  United States Export Administration Regulations are focused on keeping dangerous goods out of the… Read more »

Construction Breach of Covenant of Good Faith and Fair Dealing

Breach of Good Faith and Fair Dealing Standard In a recent decision, Metcalf Construction Company v. United States, the Federal Circuit appeared to relax the standard needed to find a breach of covenant of good faith and fair dealing with government contracts.  Metcalf involves a construction contract claims between the federal government… Read more »

Security Facility Clearance and Understanding the Regulations

Security facility clearance compliance decisions and internal practices are important aspects of being able to perform government contracts. When companies are facing judicial scrutiny or adverse legal actions, it is important to understand the laws and regulations that regulate facility clearances and individuals complying with those laws. As a government… Read more »

The Basics of Government Facility Clearances

Government Facility Clearances Having government facility clearances for a government contract involves a decision from a national security perspective, that a facility can be accessed for classified information. As a government contractor, you can be granted a government facility clearance for confidential, secret, or even at the Top Secret level. You must complete… Read more »

Walking the Tightrope: Procurement Compliance and Over-Compliance

By: Leanna Ajour, Esq., California & Colorado Attorney Striking a balance between conservatively following government contract regulations and allowing your business to run effectively without over-compliance is not an easy road to hoe. Whether your business’ procurement compliance program is non-existent and may result in government authority knocking at the… Read more »

Price Realism Analysis vs Price Reasonableness Evaluations

Avoiding Confusion with FAR Price Reasonableness Determination and Price Realism Can Make the Difference in GAO Protest Outcomes. Price realism and price reasonableness are evaluation analysis theories that can cause confusion among government contractors when filing a bid protest.  Failure to understand the differences between price realism and price reasonableness can severely… Read more »

Contract Termination Claim Appeal

When a government contracting agency cancels a contract, you should not directly appeal the Board of Contract Appeals. You must first submit a claim under the Contract Disputes Act (CDA) and then request a final agency decision by the Contracting Officer. Only then does an appeal court have subject matter jurisdiction to… Read more »