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Op-Ed/Blog

This category contains 814 posts

Termination For Default: The “No Reasonable Likelihood” Standard

Unfortunately for contractors in this position, as illustrated by a recent Civilian Board of Contract Appeals (CBCA) decision, the result may be a default termination. Continue reading

Small Business Set-Asides: When The “Rule Of Two” Becomes The “Rule Of One”

An agency isn’t required to cancel a small business set-aside solicitation if the agency learns that one of the small businesses upon whom the set-aside decision rested is no longer small. Continue reading

Offeror Unintentionally Files Size Protest, Confuses SBA OHA

A communication to a contracting officer taking issue with an awardee’s size can be treated as a size protest–even if the offeror making the communication didn’t intend to file a size protest. Continue reading

Release of Claims: Contractor Signatory Must Have Authority

The government sometimes refuses to pay a contractor for a modification when the government official requesting the modification lacks appropriate authority.   Continue reading

Bankruptcy Pending, But Contractor Still Wins Award

Contracting officers have wide discretion to determine that a business can perform the work in question—even if the business is about to enter bankruptcy. Continue reading

Top 10 acquisition trends of FY17

As the final push for fiscal 2017 contract obligations comes to an end, it’s helpful to take a step back and assess the contracting environmental trends that have emerged over the past year. Each trend lends itself to further study, so here’s a high-level look at the top 10. Source: Top 10 acquisition trends of … Continue reading

5 Things You Should Know: Debriefings

Debriefings are a fundamental part of many government competitions. Continue reading

Despite procurement concerns, vendors made out well in 2016

Federal procurement spending is up. Continue reading

VA Withdraws Proposed SDVOSB Regulatory Overhaul

The VA has officially withdrawn its November 2015 proposal to overhaul its SDVOSB and VOSB regulations. Continue reading

Failure to File Timely Comments Leads to Dismissed Protest 

When my nephew started kindergarten, his vocabulary expanded to include a new phrase: “Rules are rules, and you have to follow the rules!” Continue reading