Govconlaw Blog
SBA Reduces Surety Bond Guarantee Fees
By: imh-support
Published Date: September 17, 2018
On September 4, 2018, the Small Business Administration (“SBA”) announced that it was reducing the surety bond guarantee fee under its Surety Bond Guarantee program. Government construction contracts require the prime contractor to post payment and performance bonds. Obtaining these bonds can be a challenge for some small businesses when the small business lacks the financial strength or experience to [...] Read More
The ASBCA’s Fraud Jurisdiction
By: imh-support
Published Date: September 4, 2018
It seems that government contractors are increasingly facing government affirmative defenses of fraud in response to their appeals. Contractors need to be aware of the differing jurisdictional standards when confronted with a government affirmative defense of fraud, especially in proceedings before the Armed Services Board of Contract Appeals (“ASBCA”). A number of decisions in the last few years have opined [...] Read More
Enhanced Debriefing Rights Don’t Impact the Timeliness Rules for Bid Protests
By: Olesya Sidorkina
Published Date: August 20, 2018
The most popular forum for filing a bid protest is the Government Accountability Office (“GAO”). However, pursuing post-award protests with GAO requires strict compliance with specific time periods in which to file a protest. GAO’s timeliness rules require that a protest be filed not later than 10 days after the basis of protest is known or should have been known. [...] Read More
GAO Goes Electronic
Published Date: August 8, 2018
The General Accountability Office (“GAO”) has joined the electronic filing club for bid protests. All new protests after May 1, 2018 are required to be filed and administered using GAO’s new Electronic Protest Docketing System (“EPDS”). The only exceptions are for protests containing classified material and documents that cannot be uploaded due to size or format reasons. P&A has had [...] Read More
Where to Protest: Some Pros and Cons of Each Forum
By: imh-support
Published Date: July 23, 2018
Protests are not uncommon in government contracts. Contractors often disagree with the contracting agency’s evaluation of their proposals and sometimes want to challenge the agency’s source selection decision. Part of the strategy in pursuing a protest is deciding the forum in which to file the protest. Contractors have three options: the contracting agency, the Government Accountability Office (“GAO”) and the [...] Read More
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