Your government contracts attorneys

The bid protest system allows contractors to challenge procurement decisions that they believe are unreasonable. It allows them to challenge everything from the ground rules of the competition to the ultimate award decision. The venues for these challenges include the agency itself, the Government Accountability Office, and the United States Court of Federal Claims.

Small businesses play a vital role in federal contracting. From set-aside contracts, to socioeconomic program eligibility, to working as key subcontractors, opportunities abound for small businesses.

Near the top of every federal contract you’ll find the North American Industry Classification (“NAICS”) code assigned to the work. This code is critical not only because it describes the type of business that can do the work sought but also because it determines the size of businesses eligible to compete for the contract award.

Most federal agencies are bound by the Federal Acquisition Regulation, the Federal Aviation Administration (FAA), however, is not. A separate regulation, the Acquisition Management System (AMS), governs FAA procurements.

We suspect performance on a federal contract always begins with the best intentions. But circumstances outside the contractor’s control, from differing site conditions, to weather delays, to revised requirements, can conspire to require changes during performance. These changes often increase costs and impact deadlines.

Though there is a robust system for resolving a dispute between the government and the contractor (click here to read more), sometimes the decision doesn’t go the contractor’s way and they feel hard done by. When that happens, the contractors are not out of luck, they can appeal.

The crown jewel of federal contracting programs is the U.S. Small Business Administration’s 8(a) Business Development program. It is open to any business owned by socially- and economically- disadvantaged individuals. With the federal government’s goal to award 5 percent of all federal contracts to 8(a) businesses, the program provides entry to a lucrative and exclusive federal marketplace.

What many don’t know is that the federal government currently runs not one but two service-disabled veteran-owned small business programs. Both the U.S. Small Business Administration and the Department of Veterans Affairs have programs that recognize and set aside work for SDVOSBs.

The U.S. Small Business Administration operates a federal contracting program for women-owned small businesses (WOSBs) and economically disadvantage women-owned small businesses (EDWOSBs). To gain entry to the program, WOSBs/EDWOSBs must meet various regulatory requirements and be formally certified by the SBA or a third-party certifier.

It’s been said that a rising tide lifts all boats.

​So it is with the HUBZone Program—a unique socioeconomic program that, instead of focusing on individual owner qualifications, seeks to lift entire communities through increased federal contracting opportunity.

The federal government runs several mentor-protégé programs, but the U.S. Small Business Administration’s are the most popular and likely the most beneficial for both the mentor and the protégé. The SBA technically runs two programs, the 8(a) mentor-protégé program and the All Small Mentor-Protégé Program but they are so similar in benefit that there is no real difference between them.

With a joint venture, small businesses can join forces with other firms to compete for federal government contracts, including those set aside for small business, 8(a) firms, HUBZone firms, SDVOSBs, and WOSBs/EDWOSBs. Small businesses can unite with other small businesses, or they can partner with their SBA-approved mentor under the SBA’s Mentor-Protégé Program.

In the competitive world of federal government contracts, a prospective prime contractor often bands together with a prospective subcontractor to jointly submit a proposal. In this pre-award phase, these firms, commonly referred to as a “team,” need an agreement to address how they will jointly pursue the solicitation and draft the proposal. That’s where a teaming agreement comes in.

Where applicable, the Service Contract Act imposes several requirements on contractors. Foremost, it mandates the payment of minimum wage and fringe benefits (which are reflected in a wage determination) to its service employees performing on a covered contract.

The Buy American Act looms large in federal government contracting. Generally, the statute requires contractors to supply domestic end products in supply contracts and use domestic construction materials in construction contracts. There are, of course, nuances to this general requirement.

A contractor cannot transfer their federal government contracts to another entity without the Government’s consent. To obtain the Government’s consent, the contractor must obtain a novation from the proper contracting officer.

The Freedom of Information Act (FOIA) gives the public expansive access to federal government records, subject to certain exemptions. To obtain records from a specific agency, a person must submit a request through that agency’s established channel. And if the agency refuses to produce the requested records or otherwise issues an adverse decision,

The U.S. Small Business Administration recently gave its internal Office of Hearings and Appeals jurisdiction to hear appeals of loan review decisions under the Paycheck Protection Program (PPP)—a program instituted by the CARES Act to help small businesses grapple with the economic hardship caused by COVID-19.

GWAC Compliance and Advising
Federal Acquisition Regulation (FAR)
Other Transaction Authority
SBIR/STTR
Cooperative Research & Development Agreements (CRADAs)
Non-FAR Procurements
Organizational Conflicts of Interest
Suspension and Debarment
GSA Multiple Award Schedules
Procurement Integrity Act
Center for Evaluation and Verification (CVE)