Procurement Playbook

In the Size Appeal of Gregory Landscape Services, Inc., the U.S. Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) heard an appeal following a Size Determination in which the SBA Area Office held that Gregory Landscape Services, Inc. (“Appellant”) was not a small business under the applicable size standard associated with the subject procurement.   Read More…

While the Armed Services Board of Contract Appeals (ASBCA or Board) has jurisdiction over contract claims, the ASBCA does not have jurisdiction over fraud.  This can lead to competing cases in multiple jurisdictions if the government has a claim of fraud against a contractor while the contractor is pursuing a contract claim concerning the same contract at the ASBCA.  Read More…

Two pieces of federal legislation that  recently became law will have a major impact on government contractors seeking to protest Department of Defense (DoD) and Civilian Agencies task order awards.  Some changes are for the worse, others are for the better.  However, the best news for contractors is probably that some of the changes that were proposed did not make it into the final legislation. Read More…

As past performance reviews become an increasingly important part of the bid evaluation process, the performance assessments catalogued in the Contractor Performance Assessment Reporting System (“CPARS”) will have greater significance than ever before. CPARS reviews generally set forth the Government’s evaluation of a contractor’s performance based on several factors, Read More…

Recently, the U.S. Export-Import Bank (EXIM) issued a proposal that would align its size standards for determining whether a business qualifies as a “small business” with the Small Business Administration’s (SBA) current SBA Loan Program standards. Such a change would decrease inconsistencies among the entities, Read More…

Sea Sheppard Conservation Society (“Sea Sheppard”) recently found itself in the unfortunate situation of being in an auction bidding war against a single ineligible bidder in a General Services Administration (“GSA”) auction, resulting in Sea Sheppard having to pay a substantially higher sum for two vessels than if only eligible buyers had been allowed to participate in the auction.   Read More…

Back in January, we wrote about the dramatic spike in bid protests sustained at GAO during the first quarter of fiscal year 2016.  At the time we noted that GAO was on pace to shatter the prior year’s number of bid protest sustains.   Read More…

On Nov. 22, 2016—just 10 days before the rule was scheduled to go into effect—U.S. District Judge Amos L. Mazzant entered a nationwide preliminary injunction preventing implementation of the Department of Labor’s (DOL) final rule increasing the minimum salary level required to qualify as exempt under the Fair Labor Standards Act (FLSA)’s overtime rules. Read More…

On Wednesday, November 16, Howard Roth will present an interactive workshop at the Tri-Cities Regional Chamber of Commerce that will provide essential information small businesses need to know to protect their business.  Learn about recent updates including the SBA’s new Mentor/Protégé Program, Affiliation rules and Teaming/Joint Venturing.  Read More…

In base operating support (BOS) services contracts, end users and Contracting Officer’s Representatives can call in maintenance requests for the BOSS contractor to perform.  When these requests are within the scope of the contract, the contractor can usually proceed with the work.  However, if the request exceeds the scope of the contract, Read More…