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 »
Drafting a contract termination letter starts with the basis for the termination and making sure that the underlying reason for the letter does not breach the contract. This section deals primarily with when you receive a contract termination letter from the federal government. This can be for a termination for… 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 »
Failing to Comply with SBA Joint Venture Definition and Affiliation Rules Can Cost You the Contract. The SBA joint venture definition means two or more businesses joining forces for a profit. The effort is generally targeted to a specific project in federal contracting. In government contracting, the Small Business Administration (SBA)… Read more »
Contents of a joint venture agreement are statutorily set for small businesses and 8(a)certified companies. If you are a small business in the SBA 8a certification program and thinking about entering a joint venture agreement with another company, there are a few things that you want to consider. Not only are the… Read more »
Make Sure that Your Company Meets the Small Business Administration SBA small business certification requirements for Bidding and Official representation Or Else You Risk Losing Your Government Contracts Award in a Small Business Size Protest and Exposure to Criminal Liability Meeting the SBA small business certification requirements requires an understanding of… Read more »
Foreign Corrupt Practices Act FCPA penalties and violations for government contractors that have violated the FCPA can be embarrassing and can expose you to media coverage and other negative publicity. Understanding the extent of your liability can trigger the necessary in-house actions that can minimize your exposure. In recent years, the U.S. government… 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 »