With all the time and effort a contractor spends on marketing for new opportunities, it’s a shame when a missed opportunity had been previously announced on beta.SAM.gov – twice. We cannot stress enough how important monitoring beta.SAM.gov is. Several months ago, we...
Blameless Contractor Loses Contract After Agency Botches Conflict Inquiry
Blameless Contractor Loses Contract After Agency Botches Conflict Inquiry A friendly foosball game between long-time friends -- employees from a contractor and federal agency -- led to a contractor losing a contract even though the contractor broke no laws. The...
Careful Drafting of a Teaming Agreement Can Pay Off
The often-heard claim that “a teaming agreement is not legally enforceable” is really a half-truth; the whole truth is that only some of the provisions in a teaming agreement are not enforceable. Because teaming agreements can play such a critical role in winning a...
Always, Always Check beta.SAM.gov
Among all the various websites that government contractors have to monitor, which is the most important one? According to a recent GAO decision, it’s beta.SAM.gov because notice there creates an un-rebuttable presumption that a contractor received notice of agency...
Agency Actions Early in the Solicitation Process Cannot be Protested
Contractors should not assume that every procurement action by every agency is subject to the protest jurisdiction of the Government Accountability Office (GAO). Some agencies have special exemptions from the federal procurement rules and regulations. In addition, as...
Follow-on Work Was Not a “New Requirement”, Must Stay in the 8(a) program
Keeping 8(a) procurements in the 8(a) program is procurement policy. Follow-on work must stay within the 8(a) program unless the Small Business Administration (SBA) concludes that the follow-on work is a “new requirement.” The term “new requirement” includes: “[t]he...
Advantages of Agency-Level Protests
In the opinion of many government contractors, this should be a short article. Many bidders give no thought to using the agency-level protest process pursuant to FAR 33.103 and agency FAR Supplements. They see no value in wasting their time and money on an...
GAO Has No Jurisdiction Over Subcontractor’s Protest
You would think that the Government Accountability Office (GAO) would consider a protest claiming that the agency is not enforcing the Buy American Act (BAA). But, as shown in a recent GAO decision in Craft Bearing Company, Inc., B- 418685, 2020 WL 3429044 (June 22,...
In Marketing, Know and Use FAR’s Policies Encouraging Communication and Innovation
Last month, we discussed opportunities for federal contractors to expand their business prospects during a crisis such as the current coronavirus pandemic. These opportunities are found in FAR Part 18, Emergency Acquisitions, and increases to the thresholds for...
Business Use of Investigative Report Defeats “Work Product” Privilege
When companies get into trouble and need to investigate and prepare a report on it to the government, they typically want to limit the report’s exposure. One way to limit disclosing company information in these situations is to hire an outside law firm to direct the...