One golden rule for contractors trying to win a government contract is “Carefully read the solicitation’s fine print.” This is especially true for an offeror trying to win contracts other than firm-fixed-price contracts. To win cost-reimbursement contracts and task...
Tips for Obtaining an Effective Required Debriefing
In this article, we describe the general rules that a government contractor must follow to get an effective “required debriefing.” It is based on our years of government contract experience working with clients who want to get as much information as possible from the...
Offeror’s Failure to Update Government on Changes to Point of Contact Results in Exclusion from Competition
Out-of-office email responses can make communications easier but they must be updated and kept current. Reliance on an “Away Message” from an offeror’s point of contact (POC) during an on-going solicitation led to the offeror being eliminated from the competition. In...
Secrets of FAR – and DFARS
Where does FAR say that a contracting officer must treat contractors in a fair and equitable way? Where does FAR make contractors part of the “Acquisition Team” and encourage contractors to be involved in the acquisition planning process? Where does FAR deal with the...
Always, Always Check beta.SAM.gov – Part 2
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...