Protesting the Small Business Administration SBA North American Industry Classification System (NAICs Codes) size standard for a government contract can be tricky when you try to qualify as small. This is especially true when there are differences between the amount of labor required and the overall cost of the contract. How Does… Read more »
One of the most reviewed cases of a federal contractor defense to procurement fraud was Daewoo Eng’g & Constr.Co. v. United States, 73 Fed. Cl. 547, 597 (2006) where the Court of Federal Claims held that Daewoo had committed fraud under the Federal False Claims Act (FCA). The court awarded… Read more »
By: Leanna Ajour, Esq. Simple assumptions can cost you the ability to obtain and retain 8a status. What is more, failure to follow procurement regulations can rise to the level of fraud where ownership and control do not comply with the laws. You are the owner of the company. If… Read more »
On the issue of continuing 8 (a) certification ans suspension due to business integrity issues, on August 14, 2013, the U.S. Small Business Administration (“SBA”) issued a Notice of Suspension to Wichita Tribal Enterprises, LLC (“WTE”). The SBA’s Notice of Suspension from the 8 (a) certification program said that WTE could… Read more »
Filing a GAO protest alleging unbalanced pricing and bidding based on the lowest technically acceptable price is tricky and must be approached with caution. Oftentimes a protestor may allege that the successful awardee’s bid is so low that it is unbalanced. If this is all you state in the protest without… Read more »
Sole source justification in government contracting can be a heated debate during bid protest litigation. Oftentimes, the agency may choose to place its notice on Federal Business Opportunities (“fbo“) with supporting rationale. However, it is the government’s supporting rationale that can be subject to filing a bid protest. Although the agency’s… Read more »
Why Are Your SBA 8a Certification Supporting Documents Critical? When applying for your SBA 8a certification, there are a number of supporting documents that you must gather to send in with your application or use them to get information. You do not want to just look at this as an… Read more »
After being denied an award, Contractors across the country face the question of whether to file a bid protest challenging the Agency’s award with the Government Accountability Office (GAO). While there are a variety of factors that go into this decision, one of the first concerns prevalent among Contractors, is… Read more »
GAO recently sustained a bid protest about meaningful FAR discussions in the Matter of: Marathon Medical Corporation because the agency failed to hold meaningful discussions under FAR Part 15 with the protestor. In that case, Marathon’s FAR protest alleged the Department of Veteran Affairs improperly held discussions with the awardee, but… Read more »