Claim of Bad Faith Termination by Government Requires Strong Evidence, says CBCA

An agency has broad discretion to terminate a contract for convenience. But sometimes, a contractor will challenge the termination for convenience by arguing that the agency acted in bad faith in terminating the contract.

A recent CBCA decision looks at what type of evidence is needed to establish bad faith. Not surprisingly, the CBCA confirms that the standard of proof is quite high.

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Bid Protest Filed After “Non-Required” Debriefing Was Untimely, Says GAO

GAO’s bid protest regulations provide strict timelines for filing a protest.

Typically, a protest challenging an award must be filed within 10 days after the basis of the protest is known or should have been known. There is an exception to this rule for protests filed after a debriefing, but only when a debriefing was required by the FAR. As one contractor recently discovered, where a debriefing is not required, GAO’s bid protest regulations are not nearly as forgiving.

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GovCon Voices: Five Quick Tips for Winning Proposal Graphics

Even skilled graphic designers often struggle with creating effective proposal graphics. While the usual rules of good graphic design still apply, proposal graphics come with their own unique set of challenges and requirements.

In this post, we’ll look at some quick tips that can mean the difference between missed opportunities and winning graphics. But first, let’s dispel two common myths.

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SBA OHA Rejects “Chain Affiliation” Theory

Ordinarily, a company isn’t affiliated with the affiliates of its affiliates.

That sentence may sound a little silly, but it encapsulates an important principle about the breadth of the SBA’s affiliation rules.  As demonstrated in a recent SBA Office of Hearings and Appeals decision, the SBA doesn’t apply its rules to create “chain affiliation.”

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SBA May Eliminate 8(a) Joint Venture Approvals

The SBA is considering eliminating the requirement that contractors obtain the SBA’s prior approval to joint venture for 8(a) contracts.

There’s no doubt that eliminating the approval requirement would reduce burdens and expenses for 8(a) companies and their joint venture partners–but it could also lead to an uptick in sustained protests against 8(a) joint ventures.

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SmallGovCon Week in Review: June 4 – 8, 2018

TGIF! Let’s get the weekend started off with a look at the latest and greatest in government contracting.

In this week’s edition of the SmallGovCon Week in Review, we’ll take a look at DoD’s final rule amending DFARS to increase certain micro-purchase thresholds, more questions about the SBA’s small business participation report cards, a former background investigator’s guilty plea, and much more.

Have a great weekend!

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