“Educating the Government Contracting Community”

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Airport MBE JV Agreement That Crashed on Take-Off

International Airport (or other large public contracting agency) announces or issues a Request for Proposals (RFP) that requires bidders to address minority business enterprise (MBE) participation goals. And the predictable scramble among large non-M…

Past Labor Law Violations To Haunt Government Contractors

On August 5, 2014, the Federal Register published President Obama then-recently issued Executive Order 13673, which directs agencies to ensure that before they make award of a contract for more than $500,000 that they take steps to demonstrate that t…

Do State Prevailing Wage Laws Apply to You? - Check the History

To price a proposal or bid for a publicly competed project, the bidder has to know if prevailing wage rates apply. Without that information, it is virtually impossible to prepare a responsive and competitively priced bid. Most prime contractors requi…

Another Important Lesson to Learn from a Failed Bid Protest Challenging Past Performance Evaluation: Actually Meeting Past Subcontracting Goals Matters

The Government Accountability Office (“GAO”) determined that the Department of the Army, Corps of Engineers (“Corps”) exercised proper discretion when it considered an offeror’s historical track record of not meeting its proposed small busi…

Court Holds Agency Under No Obligation to Waive Defect or Allow Contractor to Correct Defect

The U.S. Court of Federal Claims recently affirmed the extent of an agency’s ability to waive defects or minor irregularities in proposals submitted to it.  In Business Integra, Inc. v. U.S., the agency eliminated the contractor’s proposal from…

JV's Experience without Consideration of the Business Entities Forming the JV is Reasonable Contract Requirement

In a recent bid protest decision, the Government Accountability Office (GAO) was asked to consider whether the evaluation of a joint venture’s relevant experience was a valid and reasonable agency requirement.   In Aljucar, Anvil-Incus & Co.…

GAO Affirms Offeror’s Responsibility for Timely Receipt of Its Proposal

On November 20, 2013, the Government Accountability Office again reminded offerors that the responsibility to ensure the timely receipt of complete proposal by the agency remains at all times with the offeror. In JV Derichebourg-BMAR & Associate…

Revisions to SBA Program Regulations Establish Presumption of Loss and Penalties for Willful Misrepresentation of Size and Status Certifications

The Small Business Administration has issued a final rule the clearly addresses a presumption of loss and penalties for willful misrepresentation of size and status certifications.  Effective August 27, 2013, the final rule implements provisions o…

Recent Developments

The National Institutes of Health (NIH) needs more Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) for its CIO-Solutions and Partners 3 (CIO-SP3) Small Business Government-wide Acquisition Contract (GWAC). Because a number of prior awardees… Read More

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Announcements

GCARL started the year off with a victorious bang for a client, Alpha Transcription, in a “Bet the Company” protest.   If Alpha Transcription lost it could have been devastating for them. The Transcription Services Industry and Market is… Read More

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