You May Dig Yourself into the Mud by Failing to Use the Standard Form for Your Bid Bond

When required, bid bonds are an essential aspect to a proper bid. Under FAR 52.228-1, they secure the liability of a surety to the government by providing funds to cover the excess costs of awarding to the next eligible bidder if the successful bidder defaults by failing to fulfill these obligations.

There is a standard form for bid bonds. Though it’s not required, using the standard form is probably the safest bet to avoid possible rejection of a bid, as one contractor learned the hard way.  

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YouTube Tuesday: What is EDWOSB Status?

There have been a few changes recently to the WOSB and EDWOSB certification process–so now is as good a time as any to walk through the requirements for EDWOSB (or Economically-Disadvantaged Woman-Owned Small Business) status. In this video, I provide an overview of the benefits of and requirements for EDWOSB status:

If you have questions, we are happy to help! You can reach us here.

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YouTube Tuesday: What is a WOSB?

With changes coming next week to the WOSB program certification process for women-owned small businesses (which we have discussed recently here and here), we thought we’d take a step back to look at the basics of program benefits and eligibility requirements. In this video, I lay out the reasons why women-owned businesses should consider participating in the program and discuss the three primary eligibility requirements:

Need assistance determining whether you’re eligible? Call us!

YouTube Tuesday: Why Should You File Bid Protests at GAO?

We here at Koprince Law have been seeing a lot of GAO bid protests lately, but for those of you unfamiliar with the Government Accountability Office and what it means to file a bid protest, this video is for you:

For more information, or if you need assistance filing your GAO protest, learn more about how we can help here.

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YouTube Tuesday: What is a Small Business?

There’s been a lot of discussion about “small businesses” lately, but there are still many misconceptions about how large “small businesses” can actually be! In this YouTube video, I breakdown how Uncle Sam decides which businesses are small:

If you have questions about the size of your business, you can check out our many, MANY blog posts on the matter & this useful overview of affiliation, or give us a call!

SBA OHA confirms 3-year look-back period for economic dependence affiliation

Under the SBA’s regulations, affiliation between two companies might exist where one company derives 70% or more of its receipts from the other over the preceding three fiscal years. See 13 C.F.R. § 121.103(f)(2).

This economic dependence affiliation, as it is called, can be tricky to identify in practice—it is, after all, a rebuttable presumption of affiliation. That is, a company might be able to demonstrate that economic dependence doesn’t exist if, for example, it has only been in business for a limited amount of time and has only been awarded a limited number of contracts.

Recently, the SBA’s Office of Hearings and Appeals considered the bounds of the economic dependence affiliation rule and interpreted the three-year look-back period.

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Raising the Roofs . . . and Floors: Acquisition Thresholds in the Time of Emergency

As many contractors have heard, the President declared a state of emergency under the Stafford Act. What will this mean for acquisitions conducted while the COVID-19 emergency continues?

In this post, I’ll dig into some contractor-specific effects of that declaration: modifying the micro-purchase, simplified acquisition, and commercial purchase acquisition thresholds.

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