Government Contracts MonitorShortTake: “Unavoidable” Export ViolationsApril 14, 2015 The export and temporary import of defense articles and services is governed by the Arms Export Control Act (AECA). The International Traffic in Arms Regulations (ITAR) implements the AECA. The typical AECA/ITAR violation involves export or re-export of a defense article without a license or other authorization. But a recent report regarding the U.S. Marine Corps’ evacuation of the U.S. Embassy in… Short-Take: Opportunity to Help Shape List of Domestically Nonavailable ArticlesApril 7, 2015 In general, the Buy American Act (BAA) aims to ensure that, subject to certain exceptions, only domestically mined, produced, or manufactured articles are procured for public use in the United States. One of the recognized BAA exceptions applies to articles not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory… Everything You Always Wanted to Know about the Model Procurement Code but Were Afraid to AskApril 7, 2015 Eric Whytsell of Jackson Kelly’s Government Contracts Group will be moderating a panel on “Everything You Always Wanted to Know about the Model Procurement Code but Were Afraid to Ask” at the upcoming American Bar Association’s 10th Annual State and Local Procurement symposium, to be held April 23 – 24, 2015, in Philadelphia, Pennsylvania. The presentation will cover the Model Procurement… Shield of Discretion Can’t Be Penetrated without Evidence of UnreasonablenessApril 7, 2015 The government’s “discretion” can act as an impenetrable shield, protecting awards from challenge. When the applicable legal standard grants discretion to the government and the subject agency provides at least minimal reasoning for its actions, it can be virtually impossible to prevail on an appeal absent clear evidence the agency acted unreasonably. The recent decision in In re… Subcontractors: Don’t Rely on Government Assurances!March 30, 2015 A recent decision by the United States Court of Appeals for the Federal Circuit (Federal Circuit) highlights the very substantial risks that subcontractors run in continuing performance under a financially troubled prime contract based upon government urgings and assurances of indirect payment for further services, as well as the difficulties faced by a subcontractor seeking to hold the… Heart of Stone: Board Says “No” To Imperfect AppealsMarch 30, 2015 A recent Postal Service case reminds us how important it is to know how to proceed if your contract is terminated. Clifford B. Finkle, Inc. v. U.S. Postal Service, PSBCA No. 6540 (March 25, 2015). The Postal Service terminated with notice a contract with Clifford B. Finkle Inc. (CBF) who then (i) appealed the termination to the Postal Service Board of Contract Appeals (Board) and… Short Take: Start Me Up - Misusing Government Furnished FuelMarch 30, 2015 On March 27th the Department of Justice announced that Lockheed Martin Corporation will pay $2 million for allegedly overbilling the government during its manufacturing of C-130 aircraft for the United States Air Force. Justice Department Press Release. Lockheed manufactured C-130s for the U.S. Air Force from 2006 to 2013 under contracts where the Government provided Lockheed with up to… Suspension & Debarment: Administrative Agreements as Road Maps for ComplianceMarch 23, 2015 Most contractors have at least a general understanding that suspension and debarment should be avoided like the plague. Being found nonresponsible and, therefore, ineligible to do business with the government (or its prime contractors and subcontractors) would be a death knell for many companies. As many contractors know, however, you can challenge a notice of suspension and debarment -- and even… Long-Awaited Limits on Lowest Price Technically Acceptable ProcurementsMarch 23, 2015 Relief is on the way. Over the past several years the alarming increase in the use of LPTA procurements has been criticized, particularly where the government might realize “best value” from an innovative, cost-effective solution. This criticism has now gained an important voice and concrete support in the form of new Department of Defense (DOD) policy guidance urging “limited” use of… Hopewell Darneille to Speak at DYNET ConferenceMarch 22, 2015 Hopewell Darneille, of the Firm’s Washington, D.C. office, will be a presenter at the sixth annual Dynamic Networking for Small Business (DYNET) Conference, a federal and prime contracting event in Fairmont, West Virginia, on April 2, 2015 at the Robert H. Mollohan Research Center. Darneille will co-present a workshop on “Your Strategic Toolbox Update: Teaming, Joint Ventures, Subcontracting &… Learn from Pinocchio: Don’t Lie and Develop Your Own, Independent, IdentityMarch 17, 2015 Small businesses participating in the Small Business Administration’s (SBA’s) 8(a) Business Development Program (BD Program) would do well to recall the story of Pinocchio, the marionette who wanted to be a real boy. Pinocchio learned two important lessons: be self-reliant and don’t lie. Similarly, the petitioner in the recent The Desa Group, Inc., SBA No. BDPT-543… Transforming the Federal MarketplaceMarch 17, 2015 On December 4, 2014, the Office of Federal Procurement Policy (OFPP) announced a new strategic plan to create a more innovative, effective and efficient federal acquisition system. This plan focusses on three core elements: (1) buying as one through Category Management, (2) driving innovation through developing and deploying talent and tools across agencies, and (3) building… |
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