Pre-Award Bid Protest of Set-Aside Decision

A Service-Disabled Veteran-Owned Small Business (SDVOSB) asked me to review a solicitation for construction of a $1.0 million facility in outstate Minnesota. Although the solicitation was set-aside for small businesses, there was no evidence that the agency had first conducted market research and considered a set-aside for SDVOSBs, as required by the Federal Acquisition Regulation.  I drafted an agency-level protest and filed a FOIA request for agency records related to any market research that had been conducted.  The protest was successful, and the agency agreed to perform market research and consider setting aside the solicitation for SDVOSBs.  Soon after, the agency re-issued the solicitation as a SDVOSB set-aside, allowing my client to compete.

Post-Award Bid Protest

A client manufactures measuring equipment useful in military logistics operations.  They recently responded to a request for quotations that was limited to contractors that have a GSA Federal Supply Schedule contract, and specified certain dimensions for the product as “salient characteristics.”  When the client was not selected for award, they asked me for help.  I reviewed the solicitation and award documents, as well as the GSA contract of the client’s competitor.  Based on this review, I drafted a protest that challenged the award, arguing that the competitor’s GSA contract did not include several of the specified items and that its product exceeded the maximum dimensions in the solicitation.  We won the protest on both grounds and the agency cancelled the award to the other company and placed orders with the client.

Appeal to Civilian Board of Contract Appeals

A client’s building maintenance contract with a federal agency provided for additional compensation if the agency made certain improvements to the building that required additional maintenance and repair effort.  After the client negotiated a contract modification for a portion of a claim, the agency refused to pay the balance of what the client was due.  I prepared an appeal to the Civilian Board of Contract Appeals, and filed discovery requests with the agency.  After reviewing discovery documents, and the client’s own records, I negotiated a favorable settlement for the client.

Contract Drafting 

I routinely review and update client contract forms and documents to comply with the most recent requirements of the FAR. I have drafted contracts for various clients, including employment agreements, an agreement for fabrication of build-to-print metal doors for a high-visability construction project in Miami, a contract for manufacture of farm equipment with a security interest and personal guarantee, and miscellaneous FAR-compliant subcontracts and purchase order forms.

Opinion Letters

Government contractors face numerous unique, often counter-intuitive contractual requirements.  Before proceeding with a business model or a particular transaction, it is often prudent to obtain an opinion letter that a planned course of action complies with these requirements.  I have recently provided such opinion letter on the application to the International Trafficking in Arms Regulations (“ITAR”), the “Covenant Against Contingent Fees,” compliance with small business subcontracting requirements, and the application of “country of origin” requirements — the Buy American statute, the Trade Agreements Act and the “Berry Amendment.”