Government Contracts MonitorShort Take – Minimum Wage Increases to $10.15 Effective January 1, 2016October 19, 2015 As you no doubt know by now, President Obama issued Executive Order 13658 on February 12, 2014, establishing a $10.10 per hour minimum wage for employees working on covered federal contracts and subcontracts, starting January 1, 2015. The Department of Labor (DOL) issued a Final Rule (previously discussed here) on October 10, 2014, and the FAR Council issued an Interim Rule on December 15, 2014… Corrective Action Must Consider Changed CircumstancesOctober 12, 2015 The Government Accountability Office (GAO) recently reiterated, in the corrective action context, that an agency cannot ignore changed circumstances, and that an award cannot stand where, as a result of interim developments, the awardee no longer intends to perform in a manner consistent with its proposal. FCi Federal, Inc., B-408558.7, B-408558.8, August 5, 2015. In an earlier decision discussed… Short Take: Supplier-Enabled InnovationOctober 12, 2015 Supplier-Enabled Innovation (SEI) recently has been touted in the private sector as having the potential to revolutionize procurement. But what is it? SEI is a concept: that a procurement process can be used to dramatically increase the amount of research and development work being done on behalf of a procuring entity – by tapping into the capabilities and innovations of the entity’s… \"Defend[ing] the Indefensible\" -- DOL to Pay EAJA \"Bad Faith\" Attorneys\' FeesOctober 6, 2015 The U.S. Court of Appeals for the Fifth Circuit begins its recent decision in Gate Guard Services, L.P. v. Perez, with the truism that “It is often better to acknowledge an obvious mistake than defend it.” The Court continued that “When the government acknowledges mistakes, it preserves public trust and confidence. It can start to repair the damage done by erroneously, indeed… Short Take: Refusing to Implement GAO’s Ruling – Is It Possible?October 6, 2015 Caddell Construction Company filed a successful protest with the General Accountability Office (GAO) but then had to challenge the agency’s refusal to follow GAO’s ruling in the Court of Federal Claims (COFC). The Court recognized “the long-standing expertise of GAO in the bid protest arena” and that it generally accords GAO’s decisions “due regard”, but reminded us that “GAO… What You Say in Your Proposal Can and Will Be Used Against YouOctober 5, 2015 Preparing a contract proposal can be like writing a story. But while a story involves plot and character development, a proposal instead focuses on how best to explain why the offeror and its product/services are the best response to the agency’s stated needs. In order to be successful, the explanation must include only information that supports the message being conveyed.… You Can’t Always Rely on the Kindness of Strangers, or Contracting OfficersOctober 5, 2015 Disappointed small business offerors sometimes turn to the certificate of competency (COC) procedures of the Small Business Administration (SBA) when their proposals are found technically unacceptable. Arguing that the unacceptability is actually a matter responsibility that must be considered by SBA, these offerors hope that a favorable COC determination will save the day. Sometimes… Possible Federal Government Shut-Down – Actions to Take NowSeptember 28, 2015 Could it really happen again? Are Congressional memories so short that members don’t recall the high costs and disruption, as well as the public fear, frustration and anger with the last shut-down two years ago? Representative Boehner assured the nation this past Sunday that a shut-down won’t happen, and his unexpected decision to step down towards the end of next month may give him… If You Forget Your Name, It May Be Enough To Know Your CAGE Code and DUNS NumberSeptember 28, 2015 Raymond Express International, LLC protested the award to MPG West, LLC as improper because it was made to an entity that Raymond alleged does not legally exist, Parma Fruit MPG West. Uncertainty as to the identity of an offeror renders an offer technically unacceptable, since ambiguity as to an offeror’s identity could result in there being no party bound to perform the obligations of the… Short Take: DOD Keeps on SpendingSeptember 21, 2015 The FY16 DOD budget request represents a 4% increase over last year’s budget. But FY16 will be the first year where DOD’s spending will be subject to budgetary caps. That is, DOD has to make certain its spending does not exceed the caps, failing which it will trigger mandatory cuts. At this point it looks like DOD plans to increase its investment in three important areas: (i) cybersecurity (e.g.,… There’s More to Winning an Unbalanced Pricing Protest than Meets the EyeSeptember 21, 2015 It’s relatively easy for disappointed offerors to latch onto perceived unbalanced pricing as the basis to protest an award. As soon as they see pricing they consider out of balance, they are off to the races. It can be much harder, however, to win such a protest, even where unbalanced pricing has been demonstrated and the agency has failed to consider the risks posed by such pricing as required… Short Take: Counterfeit Electronic Parts – the Saga ContinuesSeptember 21, 2015 DoD is proposing to revise the DFARS rule entitled “Detection and Avoidance of Counterfeit Electronic Parts”. See Proposal here. The rule proposes amendments to DFARS 246.870 and a new clause at DFARS 252.246-70XX, Sources of Electronic Parts, to require that DoD and its contractors and subcontractors, except in limited circumstances, acquire electronic parts from trusted suppliers in order to… |
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