Something we get asked about a lot with regards to joint ventures is the two-year rule (not to be confused with the “Rule of Two,” which concerns contract set-asides). We have explored this rule in the past on a few occasions, however, it has been a little while since the last such post and it’s been a perennial issue for contractors that we talk to. As such, it would be helpful to have a refresher on this rule, which may help clear up some of those questions.
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Back to Basics: Requests for Equitable Adjustment
As any contractor knows, there is no amount of preparation that can ensure a project goes exactly as planned. And unfortunately, when the unexpected happens, contractors may face increased costs, schedule delays, and other obstacles outside of their control. A request for equitable adjustment (or REA) affords contractors the opportunity to seek compensation or additional time for unforeseen conditions. This post will explore REAs and when to consider using such an approach.
Continue readingBack to Basics: GSA CTAs
A “GSA CTA” is a special type of Contractor-Teaming Arrangement (CTA) used only for performing Government Services Administration (GSA) Multiple Award Schedule (MAS) contracts. As detailed in FAR subpart 8.4, Federal Supply Schedules (FSS), GSA CTAs provide a unique teaming opportunity solely for MAS contract-holders and a unique teaming structure somewhere in between FAR subpart 9.6‘s two standard federal contract teaming options: subcontracting and joint venturing. Let’s take a closer look.
Continue readingBack to Basics: Covenant Against Contingent Fees
Federal contractors are generally familiar with the many FAR provisions listed in a solicitation or contract. So, it can be tempting to simply gloss over these pages of the solicitation, absentmindedly checking off the right box or signing off on the required representations without familiarizing yourself with each provision–or the consequences that come if each is violated. But naturally, we don’t recommend a cursory review. And one important FAR provision contractors should definitely familiarize themselves with is the Covenant Against Contingent Fees (FAR 52.203-5)–as the consequences of violating that one can be rather grave.
Continue readingBack to Basics: Brand Name or Equal
In some circumstances, it is in the best interest of the government customer to require a specific item made by a specific manufacturer. Though it doesn’t use this technique often, the government can achieve this by soliciting the contract using a “brand name or equal” basis. But the government can’t just decide that it wants a Hoover over a Bissel vacuum. No, there is a process that must be followed, and circumstances must warrant such a requirement.
Continue readingBack to Basics: HUBZone Eligibility
When exploring the world of SBA socioeconomic programs, the Historically Underutilized Business Zone (HUBZone) Program isn’t always the first program on a business’ radar. One reason for this could be the distinct eligibility requirements an applicant must meet to qualify for HUBZone certification.
This is the only socioeconomic program where SBA requires a company’s principal office and employees to reside in a designated area, i.e., a HUBZone. SBA provides a HUBZone map showing the areas designated as a HUBZone. Keep in mind that this map is reevaluated every five years, so it’s important to stay up-to-date on any updates made to the map.
We have previously covered the basics and overall benefits of the HUBZone Program. Here, we’ll go through the eligibility requirements more in-depth.
Continue readingBack to Basics: Interested Parties
Imagine you’ve submitted a bid for a procurement that you believe your company is a shoo-in for. Nobody comes close to the experience and skills your company brings to the table. A while later, you learn that the new company down the street was awarded the contract. There clearly must be a mistake. The awardee doesn’t have half the experience your company has in this industry. Feeling wronged, you decide to file a bid protest questioning the award at the Government Accountability Office (GAO).
Your lawyer informs you that a bid protest may be dismissed if the protester doesn’t qualify as an interested party. But you were an actual bidder who should have been awarded the contract. Of course you’re an interested party—right?
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