Government contractors are already feeling the effects of the pandemic. Breakdowns in the global supply chain, labor shortages, and regional lock downs are already delaying federal projects across the country and around the...more
Government contractors are already feeling the effects of the pandemic. Breakdowns in the global supply chain, labor shortages, and regional lock downs are already delaying federal projects across the country and around the...more
Organizational conflicts of interest (or “OCI”) generally exist when one party has access to nonpublic information as part of its performance on a government contract.
OCI — or even the appearance of OCI — can be a...more
Responding to agency Requests for Proposals (RFP) is an exercise in playing follow-the-leader. Contractors should take care to :
•Read the RFP
•Understand the information requested by the agency; and
•Provide that...more
Best Value and Lowest Price Technically Acceptable (LPTA) procurements trigger very different bidding obligations for contractors.
As I’ve detailed in this space before, Best Value procurements place limited importance on...more
Contract Disputes Act (CDA) claims offer Government Contractors the opportunity to recover costs incurred due to Government-caused changes or delays. While the initial focus often rests on proving liability, a recent Court of...more
The Small Business Administration (SBA) just rolled out a series of significant changes to the Historically Underutilized Business Zone (HUBZone) Program. The Final Rule is found here and is now in effect (and has been since...more
For the first time since 2014, the Small Business Administration (SBA) adjusted size standards for small businesses to keep pace with inflation. Initially posted by the SBA for public comment back in June, the interim rule...more
It is common practice for contractors to provide the government with their confidential and propriety information – whether it comes in the form of a response to a solicitation, invitation for bid, or other materials provided...more
When a contractor delivers goods to the government that do not conform to the precise requirements of the contract, the results are usually . . . not good. When the agency specifies certain products in the contract, the...more
Two weeks ago, I presented on Common Issues in Government Contract Interpretation. The course examined common issues encountered by government contractors in bidding on and performing government contracts – as well as the...more
I’ve spent a good deal of time on this blog discussing practical strategies for Best Value procurements. As the name implies, the goal of every Best Value proposal should be to maximize the benefit your business can provide...more
It has been a long time coming, but it appears that the government will (finally) amend the Federal Acquisition Regulation (FAR) to align with prior changes by the Small Business Administration (SBA) concerning credit for...more
Back in January, I commented on the lack of clarity associated with the the Small Business Runway Extension Act. The Runway Act calls for calculating a business’s size by averaging its annual receipts over the five most...more
The essential elements of the government’s Service-Disabled Veteran-Owned Small Business (SDVOSB) program are ownership and control of the business by a qualifying service-disabled veteran of the U.S. military.
A recent...more
At the end of 2018, the President signed the Small Business Runway Extension Act. Without much fanfare, the Act delivers a major shakeup to the Federal small business community.
Before the Act, a business would determine...more
One of the primary benefits offered by the Small Business Administration’s (SBA) mentor-protégé programs is the ability to operate outside the normal rules governing affiliation. Generally speaking, SBA allows mentors to...more
Recently on the blog, I covered one of the major risks encountered by construction contractors – subsurface or unexpected physical conditions discovered after the work begins (commonly known as Differing Site Conditions...more
Bid protests at the Government Accountability Office (GAO) have spawned a distinct area of the law. With multiple evaluation schemes to consider, there are an ever-growing number of strategies for disappointed offerors to...more
As I’ve covered here before, low-priced, technically acceptable procurements (LPTA) shine a light on a contractor’s ability to provide the required services at the lowest possible cost to the government. Leave your style...more
Federal procurements often include a competitive range of offerors seeking the contract award. The Federal Acquisition Regulation (FAR) competitive range procedure offers the agency an incremental stage in the competition...more
Here we go again. Back in March, I discussed the impact of the brief government shutdowns in January and February and risks associated with what could have been (had the stand-off gone on much longer).
Today, news from...more
I recently had the opportunity to present an online CLE for LawLine on Risk Management in Government Contracting. This is my second time presenting a course for LawLine (I previously taught a course on Small Business...more
In today’s Federal marketplace, it is very common to see solicitations that give the Agency the option of entering into discussions with offerors. The primary objective of discussions is to maximize competition and, in turn,...more
Two pieces of advice I often provide to government contractors are:-
1.When responding to a solicitation, give the government precisely what it asks for – right down to the letter. This includes providing the information...more