Government Contracts MonitorUp, Up and Away: Suspension and Debarment Ever on the RiseMay 11, 2015 The Interagency Suspension and Debarment Committee recently released its report to Congress regarding suspension and debarment activity in fiscal year 2014. Interagency Suspension and Debarment Committee Report to Congress March 31, 2015. Debarments are on the rise – with 2241 proposed and 1929 imposed in 2014 (not counting voluntary exclusion actions).
Lindsay Simmons is responsible… Willie Wonka at GAO: Everyone Gets to Compete on the Same BasisMay 4, 2015 Virtually every child of the 1970s or 80s will remember the scene from the classic movie, Willy Wonka and the Chocolate Factory, when Gene Wilder’s character, Willy Wonka, unilaterally changes the rules of competition for the factory, dashing endearing Charlie’s hopes and dreams. Justice is restored when Charlie stands up to Wonka and points out that he has been unfair. Hanel Storage… \"It’s None of Our Business\": GAO Keeps Its Nose Out of Private DisputesMay 4, 2015 Several months ago, this blog identified the Government Accountability Office (GAO) decision in InSpace 21 LLC, B-410852 (December 8, 2014) as a cautionary tale and discussed the importance of getting joint ventures right. After declining to resolve what it considered a dispute between two private parties, GAO rejected that protest for failure to demonstrate interested party status. Subsequently,… Is that Noncompetitive Award Justified? Prove It!May 4, 2015 On April 13, 2015 the Department of Defense (DOD) issued a Memorandum regarding "Noncompetitive Contracts Awarded Based on Urgency". The purpose of the memo is to restate the requirements for "preparing, obtaining approval, and posting justification and approval (J&A) documents for contracts awarded using the unusual and compelling urgency exception in accordance with FAR 6.3." A… CICA Stays: You May Not Get What You Want, But You Can Get What You NeedApril 27, 2015 What does an automatic stay under the Competition in Contracting Act (CICA) mean in the context of a pre-award protest? In Caddell Construction, the Court of Federal Claims told us: it’s a stay of the award. The government can continue to receive and evaluate bids during ongoing protests – it is only precluded from awarding a contract. Caddell Construction Co. LLC v. U.S., CFC… A Shakespearian Twist: First Let’s Kill All the ConsultantsApril 27, 2015 In a decision having potentially far-reaching implications, the Government Accountability Office (GAO) recently sustained an agency’s bar on offerors using proposal consultants to prepare offerors’ responses to sample tasks as part of the offerors’ technical proposals. Advanced Communications Cabling, Inc. ("ACCI"), B-410898.2, decided March 25, 2015. In addition to raising the… Short Take - National Dialogue to Reduce Reporting Compliance CostsApril 27, 2015 The Chief Acquisition Officers Council, in conjunction with the General Services Administration (GSA) and Department of Health and Human Services, have announced a new national dialogue to discuss ideas on how to reduce the costs associated with reporting compliance under Federal awards, including contracts, subcontracts, grants, subgrants and cooperative agreements. This new dialogue will be… Led Astray? Agency Discussions Are Sometimes MisleadingApril 20, 2015 Agencies may not mislead offerors by framing discussion questions that “misinform the offeror concerning a problem with its proposal.” CFS-KBR Marianas Support Services, LLC; Fluor Federal Solutions LLC, B-410486, January 2, 2015. Discussions, when held by an agency in connection with a negotiated procurement, must “identify deficiencies and significant weaknesses in an offeror’s… Your Team Members May Not Be All Yours -- How Far Does “Exclusivity” Extend?April 20, 2015 Troubling facts surfaced in a recent bid protest before the Government Accountability Office (GAO) raising significant questions as to the effect and reach of exclusivity language in a teaming agreement. The protest also demonstrates the difficulties in getting an agency or GAO to interpret and enforce exclusivity provisions. ERIMAX, Inc., B-410682, Jan. 22, 2015. ERIMAX, Inc.… ShortTake: Prosecutorial Eyes On All Qui Tam ActionsApril 20, 2015 It is always worth repeating developments that impact our readers. As we previously reported here, 2014 was an exceptional year in False Claims Act enforcement, with the Department of Justice (DOJ) announcing a record $5.69 billion in FCA recoveries. In this regard we admonished our readers that 2015 would be even worse – with a notable increase in prosecutorial scrutiny of qui tam… You\'ve Got To Know When To Hold \'Em and Know When To Fold \'EmApril 14, 2015 As Kenny Rogers famously sung in “The Gambler”, “You've got to know when to hold 'em [and] know when to fold 'em.” This sage advice applies as well to contractors considering whether to protest, as amply demonstrated in the recent Government Accountability Office (GAO) decision in SBSI, Inc., B-410923 (March 20, 2015). The SBSI protest involved the second Defense Intelligence Agency… Don’t Dawdle in Formulating Your Bid and Teaming Strategy!April 14, 2015 Be diligent in identifying bidding opportunities, and formulating and implementing your bidding and teaming strategy, and do not count on a proposal due date extension to bail you out – particularly in commercial item procurements. As seen in Richen Management, LLC, B-410903, decided March 10, 2015, an agency’s refusal to allow more than 28 days to submit initial proposals, notwithstanding… |
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