When an agency decides that your proposal does not show relevant past performance, the general rule under DOD Source Selection procedures is that you should not be rated either favorably or unfavorably. In other words, agencies should give bidders neutral ratings. Where a federal agency excludes and offeror from the… 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 »
SBA Common management and identity of interest disputes in size protest cases involve complex SBA affiliation regulations, that if violated can impact your ability to bid on future government contracts. The following are pointers derived from the SBA. A basic understanding can help you avoid costly mistakes, such as common management… Read more »
Ostensible Subcontractor Rule: Primary and Vital Contract Requirements By Theodore P. Watson, Esq. and Cheryl E. Adams, Esq. Prime’s Management of the Project is Critical When your company bids on a federal government contract as a small business, prime contractor management of the project under the ostensible agreement is essential… Read more »
When it comes to the Federal Acquisition Regulation (“FAR”) Mandatory Disclosure Rules (MDR) under FAR 52.203-13 and FAR 52.203 3 many DOD contractors wonder what they must disclose to the government after the contract award has been awarded the contract, if anything. Before they can figure it out, many often find… Read more »
Awards for Native American government contracts to super 8(a) tribal entities and Alaskan Native Corporations (ANC 8a Contracts) have become a serious issue for non-native American contractors. According to a GAO study, federal dollars obligated to tribal 8(a) companies grew from $2.1 billion in fiscal year 2005 to $5.5 billion… Read more »
Past performance evaluation of parent companies can sometimes go unnoticed by the government or bidders submitting proposals. There a certain allowances where a contractor can submit, and use past performance write ups of parent companies. However, the starting point is to understand the general legal analysis for affiliation under procurement… Read more »
Our Lawyers Help to Avoid Costly Mistakes Under the FAR 52.219-14 Limitations on Subcontracting Clause & 13 CFR 125.6 Are you a government contractor or a small business owner using teaming agreements and joint venture agreements? Do you know the consequences of violating FAR 52.219 Limitations on Subcontracting Rules? Avoid… Read more »
Small Business Administration and SBA affiliation rules regarding identity of interest challenges can be complex and confusing when litigating in a small business size protest case. Governed under 13 CFR 121.103, affiliation in federal procurement and SBA regulations can be found under a variety of circumstances. For example, a major… Read more »
Contractor past performance information evaluation can be a very highly debated issue is a GAO protest. However, the starting point for deciding whether or not to file a bid protest is the solicitation itself. Another question to ask is whether GAO will consider the agency’s application of your past performance information… Read more »