Theodore Watson & Associates Law Blog
By Theodore Watson on Saturday, May 19th, 2012
Avoid Costly Mistakes With Contract Terminations
By Theodore Watson, Esq.
The staggering statistic of cases file at the Court of Federal Claims (COFC) should make contractors aware that the government does in fact deny claims that include terminations for convenience. The process is not as easy as most contractors may think. By the time they reach the appeals stage, the damage is substantially done. An appeals attorney can only try to salvage the situation and recoupe and much damages as possible.
U.S.... continue reading...
Tags: appeal, attorneys, cofc, compensable damages, settlement proposals, termination for convenience
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By Theodore Watson on Saturday, April 7th, 2012
From WashingtonTechnology
As iPads, Galaxy Tabs and PlayBooks become ubiquitous in the private sector, the General Services Administration is conducting market research to determine if small-business manufacturers could meet requirements of a possible governmentwide tablet procurement.
According to the March 28 FedBizOpps Request For Information, GSA’s Office of the Chief Acquisition Officer has been fielding many requests for tablet computers across the federal government. With the increasing... continue reading...
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By Theodore Watson on Sunday, March 4th, 2012
By: Theodore Watson, Esq
As a rule of thumb, 8(a) companies must get approval of a joint venture agreement from the SBA before contract award. However, the SBA Office of Hearings and Appeal reversed an SBA decision merely on a technicality (since the contract was not awarded, and the SBA had already approved the JV agreement, it was estopped from later denying the JV relationship). The ultimate message is that also JV relationships with 8(a) firms are generally approved, the 8(a) firm should make... continue reading...
Tags: 8a, joint venture agreement
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By Theodore Watson on Friday, March 2nd, 2012
COFC Bid Protest Ruling Against Agency Evaluation Analysis
During a bid protest, an agency will not prevail when it is shown that the agency did not comply with its evaluation scheme as set forth in the solicitation.
The Court of Federal Claims (COFC) ruled in favor of the bid protestor because of the agency’s faulty evaluation scheme which included:
Weighting Scheme in Tradeoff Analysis Different from Scheme in Solicitation
Tradeoff Analysis Based on Flawed Past Performance
Ratings and Other... continue reading...
Tags: bid protest, bid protest lawyers, cofc, court of federal claims, evaluation critiera, lawyers, trade off analysis
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By Theodore Watson on Monday, January 16th, 2012
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 that outlines... continue reading...
Tags: avoiding bid protest, bid protest, government contracts, government proposals, proposal writers, proposal writing, proposal writing strategies
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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, meaningful discussions
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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 determination 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... continue reading...
Tags: affiliation, lawyers, ostensible subcontractor, sba size protest, size determination
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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: appealing, bid protest, bid protest attorney, bid protest process, debriefing, gao bid protest, gao protest, government contracts
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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
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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
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