As a government construction contractor, your payment and performance bonds under the Miller Act is critical to getting the award and protecting your company in the event of default. Getting payment and performance is a requirement for federal construction contracts. However, problems arise when small businesses have a difficult time securing… 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 »
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 »
Subcontractor Totality of the Circumstances Affiliation Test In Small Business Size Appeal Litigation at SBA Office of Hearings and Appeals Can be Very Tricky The SBA Office of Hearings and Appeals (SBAOHA) applies the totality of the circumstances test in small business size determination appeals and subcontractor size protests cases… Read more »
Is Your Company Using a Generic Contractor Teaming Agreement Template? Beware. Under FAR 9.6, government contractors can submit bids using teaming arrangements that allow subcontractors to perform under the upcoming contract. This strategy is beneficial for at least two reasons when looking for a potential subcontractor. First, small businesses can use this… Read more »
Theodore P. Watson, Esq. When it comes to the famous limitations on subcontracting rules under FAR 52.219 and 13 CFR 125.6, small businesses find themselves making disastrous mistakes when they use a teaming partner or named subcontractor when bidding on federal government contracts. Many companies lose federal contracts due to… Read more »
Improve business relationships by teaming and joint venturing under the Native American and Super 8a rules. Are you having problems as an 8a Contractor getting Native American Government Contracts? Alaska Natives and Indian Tribes, and Native Hawaiian Organizations have a unique relationship with the United States Government as set forth… Read more »
By: Theodore P. Watson.The Ostensible Subcontractor Rule creates a dangerous situation for small businesses when bidding on federal government contracts. It usually comes about when the competition files an Small Business Administration (SBA) size protest and claims that you, as the awardee and prime contractor, are unusually reliant on the… Read more »
Avoid Mistakes in Bid Protests Federal government contractors often have many questions about the Ostensible Contractor Rule and how it can impact the award of the contract. The bottom line is that if you are submitting government proposals as a small business, you want to stay away from the possibility… Read more »
Beware of an Improperly Drafted Government Contractor Teaming Arrangement Using a Small business contractor teaming agreement is becoming a hot topic with small business set aside awards. The SBA’s new rules about affiliation do not help matters much. However, there are some benefits to properly structuring contractor teaming arrangements and… Read more »