By Grace Mahan Government contracts law and procedure includes a number of rules intended to facilitate or require the awarding of contracts to small businesses through set-asides. One such rule is the “Rule of Two,” which mandates that a contract officer (CO) set aside any acquisition over $150,000 for small business participation when there is...
Organizational Conflicts of Interest: The U.S. Court of Federal Claim’s Take
By Grace Mahan Among the reasons why a governmental agency might disqualify an offeror from consideration for a procurement is the existence of an organizational conflict of interest (OCI). Indeed, according to FAR § 9.504(a)(2), a contracting officer must act to avoid or mitigate a potential OCI. If an OCI cannot be neutralized, an agency...
The SBA’s Guide to the Ostensible Contractor Rule
By Grace Mahan In a recent size appeal decision, Emergent, Inc., SBA No. SIZ-5875, the Small Business Administration (SBA) Office of Hearing and Appeals (OHA) reinforced the criteria it uses to evaluate the “ostensible subcontractor” rule. The rule provides that when a prime contractor is unusually reliant on a subcontractor or when a subcontractor is...
Bargains or Red Flags: Satisfying An Agency’s Cost-Realism Analysis
By Grace Mahan Like any other commercial customer, government agencies seek out bargains in their contracts for goods and services. Accordingly, it behooves government contractors to price their bids competitively. However, although tendering the lowest bid seems like a surefire way to win a contract award, the strategy can lead to the correction or dismissal...
Government Contracts in the Domain of Cyber
By Grace Mahan In the past few years, changes in cybersecurity requirements have proved to be among the most important developments in the world of government contracts. In 2017 alone, the White House issued a cybersecurity executive order, and the Defense Contract Audit Agency (DCAA) issued a Defense Federal Acquisition Regulation Supplement (DFARS) that imposed...
Devil’s in the Details
By Grace Mahan Because a high level of detail allows for substantive comparison between different bids, it is important both in securing contract awards and in the process of protesting awards after unsuccessful bids. A recent GAO protest ruling, Beacon Grace, LLC, recently highlighted the importance of detail in the government contract bidding process. In...
The Danger of the “Plug Number” and a Simple Strategy to Avoid Death by Mistake
By Grace Mahan Ideally, prospective contractors make bids for government contracts without error. However, whether because of a clerical oversight or off-the-mark subcontractor bids, mistakes do occur. Often, errors in bids for government contracts result in the forced removal of a bid, or worse, the retroactive reversal of an award. However, as highlighted by a...
Congratulations to IH Services, Inc.
O’Riordan Bethel congratulates its client IH Services, Inc.! The Maryland Department of Transportation (MDOT) has certified IH Services as a Maryland Disadvantaged Business Enterprise (DBE) as well as a Maryland Minority Business Enterprise (MBE). IH Services is now an MDOT certified DBE/MBE for Environmental Consulting Services. Baltimore, Md.-Based IH Services, Inc. specializes in the oversight...
Congratulations to Bear Construction Group, Inc.
Congratulations to Bear Construction Group, Inc., which has been verified as a Service-Disabled Veteran-Owned Small Business (SDVOSB) and added to the Vendor Information Pages (VIP) at https://www.vip.vetbiz.gov. Bear Construction Group, Inc. is now eligible to participate in Veterans First Contracting Program opportunities with the Department of Veterans Affairs, and is eligible to perform as a...
Congratulations to Perfect Glassworks, LLC
O’Riordan Bethel issues a heartfelt congratulations to its client Perfect Glassworks, LLC! The Maryland Department of Transportation (MDOT) has certified Perfect Glassworks as a Maryland Disadvantaged Business Enterprise (DBE) as well as a Maryland Minority Business Enterprise (MBE). Maryland-based Perfect Glassworks, LLC (http://perfectglassworks.com/) offers a variety of glass solutions, including design, fabrication, and installation for residential...