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 »
Often times, small businesses enter into family relationships that can impact the SBA Size standards application. When competitors challenge a government contract award in an SBA size protest, the analysis will usually be conducted under an Identity of Interest and family relationship basis. Companies that do not understand these rules can find… 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 »
Oftentimes, government contracting agencies attempt to support their cost evaluation methods and ultimate award solely on the cost submitted by the contractor. However, a flawed evaluation can become target to a bid protest at the Government Accountability Office (GAO). Cost Evaluation Methods in Cost-Reimbursement Contracts When an agency evaluates pricing… Read more »
When filing a GAO bid protest, it is important to understand that an agency’s source selection plan only provides internal agency guidelines. The plan is generally for the agency’s internal usage and does not by itself give outside parties any rights. The plan typically becomes a highly-relevant topic after the bid protest is filed… Read more »
Sometimes the government’s solicitation for commercial items substantially differs from customary commercial industry practices. Companies seeking to bid on federal contracts could struggle with meeting the government’s FAR requirements. This can also create problems for bidders and even lead to a pre-award bid protest. If the federal government procures under… 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 »
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 »
Adverse contractor past performance evaluation in a GAO bid protest is a common problem for bidders. Sometimes there is a question about how the government contracting office evaluated your past performance and whether it complied with the stated evaluation criteria. There are a few things to keep in mind: First, although you… 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 »