Another Potential Option for Disappointed Bidders in LPTA Procurements

Blog 10.13.14

By Alex Levine In today’s contracting atmosphere, government agencies are increasingly relying on procurements conducted on a lowest-priced, technically-acceptable (“LPTA”) basis. It is not uncommon in such competitions for the winning offeror to be the contractor that did not fully understand the solicitation requirements. In such a scenario, the winning offeror submits a price far below that of the other offerors based on its flawed understanding of what is required under the awarded contract. Such low-ball pricing presents a distinct . . . Read More

Function over Form: The Impact of Separate Stock Classes on Veteran-Owned Firms

Blog 10.10.14

By: Peter B. Ford

In my recent blog post about Employee Stock Ownership Plans (“ESOPS”), I discussed how the plans are treated differently under the Department of Veterans Affairs ’ program (the “VA Program”) for Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses versus the Small Business Administration’s (“SBA”) program (the “SBA Program”) for Service-Disabled Veteran-Owned Small Business Concern (“SDVO SBCs”). Just recently, the SBA issued an SDVO SBC status determination which confirms that shares of stock held in an ESOP are treated as outstanding stock under the SBA Program, which is not always the case . . . Read More

Relying on an Affiliate for Past Performance to Win A Contract

Blog 10.07.14

Government contractors work hard to please their customers not only to fulfill their contractual obligations but also to establish a solid past performance record and to secure more work. When a company lacks past performance experience, it can find itself at a significant competitive disadvantage against its competitors. Companies without track records often try to address the problem by relying on the experience of an affiliated entity. The affiliate could be a new company they have acquired or, for example, . . . Read More

Mediation: The Conflict Resolution of Choice for Many Business Disputes

Blog, Litigation & Dispute Resolution 10.02.14

Chances are that your company, at some point, has entered into a contract that contains a provision requiring that the parties engage in a form of alternative dispute resolution (“ADR”) either in lieu of, or prior to, instituting a lawsuit to settle a dispute. Contractual ADR provisions usually call for the parties to either engage in binding arbitration, typically under the auspices of the American Arbitration Association (“AAA”), or to submit the matter to non-binding mediation prior to filing suit. It is a . . . Read More

SBA Regulation Invalidated by Court of Federal Claims: Nonmanufacturer Rule Applies to Supply Portions of Service Contracts

Blog 09.24.14

By: Isaias “Cy” Alba, IV

It has been the common understanding within the U.S. Small Business Administration (“SBA”), and the small business government contracting community as a whole, that the nonmanufacturer rule applies only to contracts for the provision of supplies (i.e., goods) and not to service contracts, regardless of whether or not such service contracts have a supply component. This understanding was even memorialized in a regulatory change that SBA made in 2011 whereby the agency stated that the nonmanufacturer rule did not apply . . . Read More

The Ins and Outs of NAICS Code Appeals

Blog 09.24.14

By Katie Flood In this time of heightened competition on all federal procurements, it is critically important that small business contractors use the tools at their disposal to help them stay competitive and secure work. While agencies are able to “set-aside” work for small businesses, a fundamental aspect of these set-asides ends up being the North American Industry Classification System (NAICS) codes and the corresponding size standards which must be assigned. The NAICS code determines the industry which “best describes” the work to be performed . . . Read More