Under SBA small business regulations, the ostensible subcontractor rule requires that when a subcontractor is actually performing the primary and vital contract requirements of the contract, or when the prime contractor is unusually reliant upon the subcontractor, the two firms are affiliated for purposes of the procurement at issue. The rule’s purpose… Read more »
In the recent case of SBA Size Appeal of Medical Comfort Systems, Inc., and B&B Medical Services, Inc., SBA No. SIZ-5640 (2015), OHA found that the Area Office correctly determined that common management and past affiliation between firms had ended well before the date for determining size and that identity of interest… Read more »
After the government exercises its rights to terminate your contract under the termination for convenience clause, you then have to submit your damages in a termination for convenience settlement proposal. It must be done within one year. Therefore, you must develop your settlement posture early. The government will almost always… Read more »
Failure to Meet SBA 8a Program Annual Requirements Can Get You Terminated from the Program. Small businesses often find themselves subject to the termination because of failure to comply with 8a Annual Review requirements. ‘This is a very strict requirement. Unless participants get an expressed extension from the SBA, there… Read more »
Many government contracts are subject to cost accounting standards (“ CAS ”). The nineteen CAS standards “govern the allocation of costs among the various contracts being performed by a government contractor.” While many contracts are subject to CAS exemptions, many are not. The importance of cost accounting standards and the… Read more »
Writing winning proposals for the federal government is not an easy task. Both large and small businesses still struggle to compete in the federal marketplace. However, a significant amount still fall short of winning. The key to submitting a competitive proposal is to avoid doing things in the past that… Read more »
A government project proposal in government contracting usually includes construction bid proposals, or some other projects that have a very defined beginning and ending. When compared to service contracts, this the style of writing could vary. The gist of your project proposal is to convince the agency that your company if awarded… Read more »
Analyzing what is a voidable contract is sometimes confusing even sophisticated parties. For example, many recent construction cases involved instances where the contract between the contractor and the government was held by the ASBCA to be a voidable contract given various mistakes made by the contractor. It is important for… Read more »
A recent SBA procurement fraud schemes and corruption case resulted in four retired and one active-duty Army National Guard official pleading guilty to their role in procurement fraud crimes under the SBA 8(a) Program. The result and consequences of procurement fraud and corruption ended in the award of millions of dollars… Read more »
Under federal procurement rules, the small business joint venture definition in government contracting means “an association of individuals and/or concerns with interests in any degree or proportion by way of contract, express or implied, consorting to engage in and carry out no more than three specific or limited-purpose business ventures… Read more »