Jackson Kelly PLLC

Government Contracts Monitor

Due Diligence / Mergers and Acquisitions

Key Personnel: Can you Stand Silent If Your Proposal Is No Longer Accurate?

According to a recent decision by the General Accountability Office (GAO) the answer is “No.”  If you submit a proposal with a key personnel requirement, and one or more of your proposed key people are no longer available, your proposal is no longer technically acceptable. Booz Allen Hamilton Inc. (Booz Allen) just learned this the hard way when Paradigm Technologies (Paradigm) protested,…

Novation: Capturing Credit for the Assets and Experience of Your Predecessor

Relevant experience and past performance are key ingredients in the evaluation of proposals. In this world of constant mergers, acquisitions (asset purchases and stock purchases) and related novations of government contracts, the question is often exactly what experience can and should be counted by an agency when it evaluates proposals? The answer is not always clear. Take for example, two…

False Country of Origin Certifications – A Reminder

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The Buy America Act (BAA) is a domestic preference statute that attempts to protect the U.S. labor force by providing a preference for American goods purchased by the government.  A contractor’s “nationality” is not considered – it is the place where the goods are mined, produced or manufactured that controls whether or not they are considered “American” goods.  Most government…

 

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