Government Contracts MonitorDon’t Let Creativity Prevent You from Delivering the MailSeptember 14, 2015 Creative solutions are often rewarded in Government procurement. However, offerors need to be careful not to let their creativity prevent them from submitting well-crafted proposals that fulfill the requirements of the RFP. Last month’s decision of the Government Accountability Office (GAO) in Viatech, Inc., B-411388 (July 21, 2015) brought home this lesson with “extreme prejudice”. The case… Sick of Requirements? Get Ready for “Paid Sick Leave” for Federal ContractorsSeptember 14, 2015 President Obama used Labor Day to announce a new Executive Order mandating up to seven days a year paid sick leave for employees working on covered federal contracts, awarded on or after January 1, 2017. This action continues the President use of Executive Orders to further his political agenda and impose new burdens uniquely on government contractors and subcontractors that he cannot get… Short Take: SBA Authorizes WOSB Sole-Source AwardsSeptember 14, 2015 The Small Business Administration (SBA) has issued its eagerly-awaited Final Rule implementing the new sole source award authority for Women-Owned Small Businesses (WOSBs). The Final Rule essentially adopts and follows the Proposed Rule, previously discussed here. Most importantly, the Final Rule authorizes sole source awards in industries identified by SBA in which WOSBs are underrepresented or… Want Credit For Your Past? Challenge Acceptable/Unacceptable Past Performance Evaluation CriteriaSeptember 14, 2015 Much criticism has been voiced in recent years with respect to the use of acceptable/unacceptable technical evaluation criteria, particularly in the context of lowest-price technically-acceptable (LPTA) procurements. However, a recent decision by the Government Accountability Office (GAO) highlights the even greater problems raised by the use of acceptable/unacceptable evaluation criteria for… Short Take – Contractor Groups Cry “Uncle!”September 8, 2015 If you’re feeling overwhelmed by the Obama Administration’s recent string of Executive Orders imposing more and more requirements on you as a government contractor, you’re not alone. Last month, a group of prominent contractor organizations sent a letter to senior White House advisors asking for relief from the seemingly incessant flow of federal contractor-focused executive actions. Citing… Be Careful What You Wish For; Protests Can Have Unintended ConsequencesSeptember 8, 2015 Disappointed bidders often protest award decisions in an attempt to force the agency to “do the right thing” or “make the right decision.” Sometimes, however, such protests cause the agency to take action that, while “right”, is certainly not what the protester had in mind. Last month’s decision by the Government Accountability Office (GAO) in Retro Environmental, Inc., B-411457.3 (August 19,… Your Name has to be on the Dance Card: Only a Real Party in Interest Can FileSeptember 8, 2015 There are so many things a contractor must keep in mind when preparing a claim against the Government that it can sometimes be easy to forget about the fundamentals. One thing you should be careful not to forget, however, is making sure you are a real party in interest. One company recently learned this lesson the hard way, via the decision in Ground Improvement Techniques, Inc.; MK Ferguson… Starry Starry Night - Successful Protest of EvaluationAugust 31, 2015 Starry Associates, Inc. (Starry) successfully protested a task order issued to Intellizant, LLC, arguing that the agency unreasonably evaluated Intellizant’s quote under the RFQ’s technical acceptability factor because Intellizant lacks qualified personnel necessary to perform the PWS tasks and because Intellizant failed to demonstrate how it would provide the staff necessary to perform the… Mentor/Protégé Joint Venture Agreements – The Devil Is in the DetailsAugust 31, 2015 Over the past year, the Small Business Administration (SBA) has begun to require a greater deal of specificity in proposed Joint Venture Agreements (JVAs) between Mentors and their Protégés, and in at least two instances both the cognizant SBA Area Offices and SBA’s Office of Hearings & Appeals (OHA) have rejected such Agreements and found the respective joint ventures ineligible for the… Short Take: You Can’t Buy a Federal ContractAugust 31, 2015 Sandia Corporation, a wholly-owned subsidiary of Lockheed Martin, has agreed to pay $4.8 million to resolve allegations that it violated the Byrd Amendment and the False Claims Act by using federal funds for activities related to lobbying Congress and federal agencies to obtain a renewal of its Management and Operating contract with the Department of Energy (DOE) to operate the Sandia National… Sharpen Your Pencils: DoD Drives Down Prices on GSA Schedule BuysAugust 24, 2015 Claire M. Grady, Director of Defense Procurement and Acquisition Policy, recently issued a Memorandum encouraging the proper use of General Services Administration (GSA) Federal Supply Schedule contracts and offering “focus points and policy clarifications” to Department of Defense (DoD) activities attempting to achieve that goal in the waning months of FY2015. As the Memorandum notes,… Catch Me If You Can: Extradition of FCPA ViolatorsAugust 24, 2015 In this era of Foreign Corrupt Practices Act (FCPA) enforcement, the Department of Justice (DOJ) has a less than perfect track record of successful prosecutions against corporate defendants. As reported here previously, many of these cases are settled using resolution mechanisms that are not subject to any meaningful judicial scrutiny. Another problem – one that does not immediately… |
|
© 2025 Jackson Kelly PLLC. All Rights Reserved.