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Sponsored by Lorman Education
Product ID: 407423EAU
Credit & Course Provided by:

Prequalification in Government Construction Contracts

OnDemand Webinar (87 minutes)

Avoid common government contracting pitfalls that lead to suspension and debarment proceedings.Doing business with the federal government presents unique challenges for contractors. In addition to standard hurdles of corporate formation and maintenance facing every business, government contractors must comply with an ever-changing set of rules and regulations. Contractors that fail in any of these areas are subject to a non-responsibility determination and lost contracting opportunities. This material covers the fundamentals of responsibility under the Federal Acquisition Regulation. Contractors will also learn practical strategies for compliance as well as what to do in the event of adverse agency actions like suspension and debarment.


Nicholas T. Solosky, Fox Rothschild LLP


Qualification/Prequalification Basics

• Business Formation

• DUNS, TIN, EIN Numbers

• www.Sam.Gov

• Small Business Administration Program Eligibility

• Impact of the Competition in Contracting Act

Responsibility Under FAR 9.104

• Ability to Perform

- Financial Resources

- Ability to Meet Delivery Schedule

- Facilities and Equipment

- Management and Technical Capability

• Will to Perform

- Tenacity

- Integrity

• Contract Specific Standards

• Collateral Requirements

• Organizational Conflicts of Interest

• Responsibility vs. Responsiveness

The Relationship Between Prequalification and Responsibility

The Responsibility Determination Procedure

• Information Gathering

• The Role of Agency Discretion

Contesting Non-Responsibility Determinations

• Protests

• SBA Certificate of Competency Process

• Agency Use of Competitive Ranges

Subcontractor Responsibility

Suspension and Debarment

• Causes (False Claims Act)

• Procedures

• Presentation of Matters in Opposition