The Federal Government Contracts & Procurement Blog

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The Federal Government Contracts & Procurement Blog

COFC Highlights Importance of Proving Damages in CDA Claims

January 14, 2020

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 Federal Claims (COFC) decision highlights the danger of failing to prove entitlement to damages. In other words, claims can present the danger of winning the battle . . . only to lose the war. The Federal Protective Service (FPS) awarded a contract…

The Federal Government Contracts & Procurement Blog

Contractor Alert: New Year, New HubZone Program Regulations

By Nicholas T. Solosky

January 6, 2020

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 December 26, 2019). The aim of the HUBZone Program is to encourage small business participation in specific geographic areas identified by the Government. In order to take advantage of the Program’s set-aside contracting opportunities, a business must not…

The Federal Government Contracts & Procurement Blog

SBA Increases Time Period for Calculating Annual Receipts of Small Businesses from 3 Years to 5 Years for Size Standard Purposes – Effective Jan. 6, 2020

By Douglas P. Hibshman

December 5, 2019

The Small Business Administration (SBA) announced December 5 that it is changing the measuring period for calculating average annual gross receipts (revenue) of small businesses to determine small business size from three years to five years. The SBA uses Size Standards to determine whether a business qualifies as “small” for procurements set aside by the federal government for small businesses. For example, procurements set aside for contractors with NAICS Code 236220 (“Commercial and Institutional Building…

The Federal Government Contracts & Procurement Blog

For First Time Since 2014, Small Business Administration Adjusts Size Standards

By Nicholas T. Solosky

August 29, 2019

happy-business-owner-hanging-an-open-sign-at-a-cafe-picture-id1003743872

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 went into effect on August 19, 2019. According to SBA, the change “restores small business eligibility in real terms to businesses that have grown above the existing size standard due to inflation-led revenue growth rather than due to…

The Federal Government Contracts & Procurement Blog

Contractor Alert: Protect Your Confidential and Proprietary Information From FOIA Disclosure

By Nicholas T. Solosky

August 29, 2019

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 during the course of contract performance. Since you provided the information on a public contract, does that mean the information is now available to anyone (including your competitors) through a simple Freedom of Information Act (FOIA) request? A recent…

The Federal Government Contracts & Procurement Blog

Accept No Imitations: Contractor Cannot Recover for Claim Based on Brand Name Products

By Nicholas T. Solosky

July 31, 2019

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 contractor should plan to satisfy the exact specifications (or prepare to suffer the consequences). A straightforward example arose recently on a GSA construction contract. The contract called for the installation of products from specifically named manufactures (with…

The Federal Government Contracts & Procurement Blog

ASBCA Offers Latest Reminder that Plain Language Controls Government Contract Interpretation

By Nicholas T. Solosky

July 29, 2019

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 dispute resolution process under the Contract Disputes Act. One of the course’s major topics was the Plain Meaning Rule – the concept that Boards and Courts interpreting government contracts will look to the contract language first. In fact, if the language…

The Federal Government Contracts & Procurement Blog

Fox Speaks: Key Questions of Contract Interpretation in Government Contracts

By Nicholas T. Solosky

July 15, 2019

Join me today, Monday July 15, 2019 at 3:00 p.m. (Eastern) for Lawline’s Live Course: KEY QUESTIONS OF CONTRACT INTERPRETATION IN GOVERNMENT CONTRACTS. During the 90-minute course, I’ll cover the key principles of contract interpretation as they relate to government contracting. To take best take advantage our my limited time and maximize value for those in attendance, I’ll be breaking our discussion down into three parts: Contract Formation – How the U.S. Government forms contracts…

The Federal Government Contracts & Procurement Blog

Best Value Bid Protests: Sometimes, Better Really Is Better

By Nicholas T. Solosky

July 2, 2019

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 to the agency. While price is always a consideration, Best Value RFPs present an opportunity to flex and show how you can do it better than anyone else (whatever it is). Today, we take a look at an…

The Federal Government Contracts & Procurement Blog

Contractor Update: Credit for Lower-Tier Subcontracts toward Small Business Subcontracting Goals

By Nicholas T. Solosky

June 28, 2019

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 lower-tier small business subcontracting. The proposed rule addresses changes to FAR 19.704 and 52.219-9 to marry the regulation up with SBA’s amendments. We first covered this issue back in 2016 when SBA issued a final rule amending the small …

The Federal Government Contracts & Procurement Blog

Blog Authors

COFC Highlights Importance of Proving Damages in CDA Claims

Contractor Alert: New Year, New HubZone Program Regulations

SBA Increases Time Period for Calculating Annual Receipts of Small Businesses from 3 Years to 5 Years for Size Standard Purposes – Effective Jan. 6, 2020

For First Time Since 2014, Small Business Administration Adjusts Size Standards

Contractor Alert: Protect Your Confidential and Proprietary Information From FOIA Disclosure

Accept No Imitations: Contractor Cannot Recover for Claim Based on Brand Name Products

ASBCA Offers Latest Reminder that Plain Language Controls Government Contract Interpretation

Fox Speaks: Key Questions of Contract Interpretation in Government Contracts

Best Value Bid Protests: Sometimes, Better Really Is Better

Contractor Update: Credit for Lower-Tier Subcontracts toward Small Business Subcontracting Goals

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