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About MDJohn

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  1. There is a lot of introductory and continuing education/training for FAR-based contracting. There does not seem to much available for contractors that work under the USAID contracts and cooperative agreements. It would be greatly appreciated if someone could recommend/point out such training/education. Thanks! John
  2. A small company is in a situation where it was fairly new when it submitted its offer 2+ years ago under a solicitation in which it was competing against multiple, more established bidders. The CO has continued to extend out the decision date, asking the offerors to confirm that their offers are still available. In that time, the client has improved its corporate capabilities, management capabilities, and has more/better past performance reports. The "snapshot" of the company encapsulated in its offer 2+ years ago does not reflect the company's current capabilities. The agency, at this point
  3. What obligations, liabilities, or penalties under US government contracting law might there be for a US contractor whose overseas personnel may have committed fraud (but not bribery) on a foreign government's customs? Company A is a US company that makes and sells supplies (clothing) to both commercial buyers and governments. Company A sells to the USG both directly and via a reseller with a GSA schedule. Company A also sells in overseas markets. Company A has just begun an internal investigation whether one of its lower managers has instructed his people to do a "bait and switch" to minimize
  4. Thanks. Very helpful. My apologies for lack of details. The letter contract references DFARS 252.217-7027.
  5. Client is a transport company. DOD sent a lettter contract by e-mail to client seeking to hire client to move equipment to NYC immediately. By its terms, DOD letter contract is an "undefinatized contract action" that contemplates the parties negotiate a definitive contract action. Letter contract contains a NTE of $X million. DOD wants client to sign and return letter contract and commence performance immediately. Client is happy to provide the services, but wants to make sure the acquisition is properly documented. Is this the proper paperwork? Does the letter contract pose risks to the co
  6. Thanks. Contractor will notify the CO, but in these cases it's often good to be able to educate the CO, because COs know many things but often don't know the specifics of corporate law. In that way, we and the CO can work together on accomplishing the right result. For example, in this case, corporate law is very clear that the change from an LLC to a corporation is much more than just a change of name. It is the extinguishment of one entity (the LLC) and the creation of a new enitty (the Inc.). However, the Inc is the successor-in-interest of the LLC and, by operation of law, all the a
  7. Newly formed ABC, LLC just won a government contract as a prime contractor. LLC is planning to convert its entity form to a corporation by the name of ABC, Inc. No other changes. All will take place Delaware, which allows an LLC to convert to the corporate form by filing a certificate of conversion and certificate of incorporation. There will be no distinct assignment agreement. The assets and liabilities of the LLC will become the assets and liablities of the corporation by operation of law. Does ABC, LLC need to get a novation of the government contract?
  8. Thanks. My impression is that the client's accountant knows S corps very well and LLCs less well, so he wants his clients to be S corps.
  9. I have multiple small clients that perform services or provide products under USG programs, either as primes or subs. Many of them are corporations, treated for federal tax purposes as "S" corporations. Some of them are single-member or multiple member LLCs that are treated, for federal tax purposes, as disregarded entities or parternships, as applicable. In ten + years, no LLC client has reported any problems working in US government contracting because of its status as an LLC. Recently, a co-owner of a small LLC advised that he needed to convert from an LLC to an S-corp, because of the na
  10. Agency report contains a table showing the protester's and awardees' relative scores on subfactors. It is very instructive and its disclosure to protester will certainly educate the protester, give it a clearer understanding of the strengths and weaknesses of its protest, and make the response to the agency report more efficient and intelligent. Agency has indicated that the information in the table - even that awardee's score on subfactor 5 was higher than protester's - is covered by the protective order because the information could reveal competitive information, and thus cannot be disc
  11. XYZ, Inc. has had a federal supply schedule with GSA. Company B bought the shares of XYZ, Inc. The name of XYZ, Inc. is staying the same. XYZ, Inc. is now a wholly owned subsidiary of Company B. XYZ inc was a small business but Company B is large. Thus, XYZ Inc.is now no longer small and must update its information at SAM (formerly CCR/ORCA). XYZ, Inc. will do that. Here are the GSA-related Qs: 1. Does the change of ownership of XYZ Inc. terminate the GSA contract/FSS of XYZ, Inc? In other words, now that XYZ, Inc. is a wholly owned subsidiary of Company B, does XYZ, Inc.'s exis
  12. I apologize for only asking and rarely giving answers since joining. One day, soon, i hope to know enough to help others rather than only ask. That said, Company A was one of 9 bidders on an RFQ. 3 bidders (including Company A) made the competetive range and gave final proposals. Terms of RFQ said that agency would make "up to two awards." Agency made two awards. Company A came in 3rd. Company A got debrief and is considering protest. If Company A protests and the agency sees the grounds and realizes that it made mistakes and wants to resolve the protest w/o a decision, using a settl
  13. SmallCo bid on a total small business set aside multiple award IQC. Agency issued award to 2 small business concerns. SmallCo was 3rd and did not win an award. Agency did not send out a pre-award notice to the offerors re: the pending award to the prospective awardee, pursuant to FAR § 15.503(a)(2). SmallCo has requested a debriefing. It is considering a size protest to the SBA and, depending on what is learned at the debriefing, perhaps a protest on the merits. I have researched but didn't see anywhere that filing a size protest with SBA has any impact on the 10 day period for protesti
  14. To outsidelegalguy: understood. XYZ has been in compliance. It's the short list of thing, such as you mentioned, that it needs to focus on. Thanks.
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