Theodore Watson & Associates Law Blog
By Theodore Watson on Monday, January 16th, 2012
Government Proposal Writing Strategies – Avoiding Bid Protests in Government Contracts
Write Federal Proposals that also can withstand a bid protest.
As a government contractor, it is important to understand how the agency evaluates your proposal. If you are fortunate to get the award, you now have to probably withstand a bid protest to GAO or some other forum. The first step in proposal writing for federal contracts is to thoroughly read the requirements and develop a compliance matrix... continue reading...
Tags: avoiding bid protest, government contracts, proposal writing
Posted in Blog | No Comments »
By Theodore Watson on Tuesday, December 20th, 2011
Bid Protestor Prevails – Lack of Meaningful Discussions
GAO sustained this protest because the Department of Justice failed to conduct meaningful discussions with protester where it did not reasonably advise the protester of agency’s real concern with protester’s quotation–that evaluators considered its project schedule to be too short. Agency’s request during discussions that protester submit a new project schedule as part of its final revised quotation did not reasonably convey... continue reading...
Tags: bid protest, gao protest, lawyer, meaningfil discussions
Posted in Blog | No Comments »
By Theodore Watson on Wednesday, December 14th, 2011
Watson & Associates overturns SBA Size Determination / Affiliation Decisions
Call our size protest lawyers for immediate help – 1-866-601-5518.
Size Appeal of Argus and Black, Inc, SBA No. SIZ-5204 (2011)(overturns Area Office’s size dtermination and finding of affiliation through economic dependence because it was based only on one, small contract and did not satisfy the conditions for such a finding).
In this case, the SBA made clear error of fact or law in concluding that... continue reading...
Tags: affiliation, lawyers, ostensible subcontractor, sba size protest, size determination
Posted in Blog, News | No Comments »
By Theodore Watson on Wednesday, November 16th, 2011
Deciding to File a GAO Bid Protest
Understand the Risks and Avoid Costly Mistakes
By Theodore Watson, Esq.
A bid protest can become a concern after all of your hard work and spending valuable resources, you find out that you are not the successful bidder. Do you challenge the award by filing a bid protest to GAO or at the agency level? There certain things you should consider.
Did the debriefing give you clues as to a viable reason to file the protest?
How long before bid submission did you... continue reading...
Tags: bid protest, gao protest
Posted in Blog | No Comments »
By Theodore Watson on Friday, July 29th, 2011
Preserve Your Contract Claims Appeal Rights
Did you know that you should file a claim with the contracting officer before filing an appeal with the Armed Services Board of Contract Appeals?
The formal dispute resolution process commences when a contractor submits a claim to the contracting officer in accordance with the Contract Disputes Act of 1978 (the “CDA“), 41 U.S.C. section 601 et seq. The claim, in writing, must demand money, the adjustment or interpretation of contract terms,... continue reading...
Tags: ASBCA appeal, contract claims, government contract claims attorney
Posted in Blog | No Comments »
By Theodore Watson on Wednesday, July 6th, 2011
Avoid Common Problems in the SBA 8a Certification Process
By Idris Keith, Government 8a attorney and consultant. The SBA scrutinizes each 8a application to ensure that the applicant meets the statutory requirement for certification. The public is usually not told of the detailed requirements for certification. As a result, many 8a certification packages are denied for several reasons.
Knowing the 8(a) Program Rules Reduces Stress in the Application Process:The SBA digs deep into your... continue reading...
Tags: 8a certification process, denied, mistakes, requirement for 8a certification
Posted in Blog | No Comments »
By Theodore Watson on Monday, February 21st, 2011
Although government contracting agencies can consider subcontractor experience in proposals, there is no mandatory requirement to do so. A government contracting agency need not consider subcontractor experience where the solicitation contemplates award of a service contract to a section 8 a firm, and includes the provision at Federal Acquisition Regulation (FAR) sect. 52.219-14, which imposes a limitation on subcontracting to an amount less than 50 percent of the cost of contract performance.
In... continue reading...
Posted in Blog | No Comments »
By Theodore Watson on Monday, February 21st, 2011
All 8a applicants must meet the statutory requirements for approval into the 8(a) BD Program. The following case demonstrates the results for failure to meet those requirements. If you are not familiar with the program requirements, applicants might consider bringing in professionals that are experienced in 8a applications. See recent case where Watson & Associates overturns SBA decision. The following case gives an example.
The Small Business Administration’s determination denying Petitioner... continue reading...
Posted in Blog | No Comments »
By Theodore Watson on Sunday, February 20th, 2011
How To Attack Best Value Trade-Off in Bid Protests
KBS, Inc., of Richmond, Virginia, protests the award of a contract to Blueridge General, Inc., of Norfolk, Virginia under request for proposals (RFP) No. N40085-10-R-3002, issued by the Department of the Navy, Naval Facilities Engineering Command for exterior renovation and replacement of the roof of Building 3 at the Naval Medical Center in Portsmouth, Virginia. KBS challenges the evaluation of its proposal and the agency’s best value tradeoff... continue reading...
Tags: bid protest, gao protest, lawyers, trade-off
Posted in Blog | No Comments »
By Theodore Watson on Sunday, February 20th, 2011
When filing a GAO bid protest based on agency conflict of interest, it is important to understand the responsibility for determining whether a conflict exists rests with the procuring agency.
The FAR expressly directs contracting officers to examine the particular facts associated with each situation, giving consideration to the nature of the contracts involved, and further directs contracting officers to obtain the advice of counsel and appropriate technical specialists before exercising their... continue reading...
Tags: conflict of interest, gao protest, lawyers
Posted in Blog | No Comments »
