Teaming Agreements: Are They Necessary or Not Worth the Effort?
Government contractors enter into teaming agreements to secure contracts with partners that will help them win and perform the work. It surprises many, however, that certain terms in a teaming agreement may not be enforceable, particularly the clauses providing for the award of a subcontract. This has led contractors to ask, “What is the point of a teaming agreement?” There are many advantages to teaming agreements, or they would not be so prevalent in the government contracting industry. Although those . . . Read More
SBA Information Notice Provides Guidance on SBA’s Interpretation of the Small Business Runway Extension Act of 2018
We recently wrote about the Small Business Runway Extension Act (Runway Extension Act), which President Trump signed into law on December 17, 2018. Under the Runway Extension Act, for industries with receipts-based size standards, the size of a firm is to be measured based on its average annual gross receipts over the previous five years (extended from the previously used three-year period). Missing from the Runway Extension Act is any explicit directive as to when the new five-year calculation takes effect, leaving . . . Read More
The Future is Here: GAO Bid Protests to Be Filed Electronically Starting May 1, 2018
On April 2, 2018, the U.S. Government Accountability Office (“GAO”) issued a final rule, which, effective May 1, 2018, implements an electronic filing system for bid protests known as the Electronic Protest Docketing System (“EPDS”). Historically, GAO has only accepted protest filings via e-mail, fax, regular mail, or hand delivery. However, in 2014, Congress directed GAO to establish an electronic filing and dissemination system. Thus, the concept for EPDS was born. After years of development, EDPS was taken for a . . . Read More