Government Contracts MonitorShort Take: Final Rule on VA Small Business Status ProtestsMarch 17, 2015
The Department of Veterans Affairs (VA) has adopted a final rule establishing the procedures governing Service-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB) status protests. This action resolves, at least for now, the issue as to whether status protests involving VA procurements will be transferred to the Small Business Administration (SBA),… Federal Contractors Officially Come Into the 21st CenturyMarch 9, 2015 1970. Ford produced its first Pinto. Ronald Reagan was re-elected governor of California. Claudia Schiffer was born. The Kansas City Chiefs won the Super Bowl. And the current Federal Sex Discrimination Guidelines (Guidelines) were written. At the time, no one could have imagined that the Pinto would develop a reputation as one of the worst cars ever made,… Executive Order Promotes Private Sector Cybersecurity Information SharingMarch 9, 2015 On February 13, 2015, President Barack Obama issued an executive order (Order) intended to encourage the sharing of information related to cybersecurity risks and incidents within the private sector and between the private sector and government. Building upon the foundation established by Executive Order 13636 (Improving Critical Infrastructure Cybersecurity), and Presidential Policy… Short Take: Agencies Don’t Tailor Their Requirements to Fit Your NeedsMarch 9, 2015 WKF Friedman Enterprises (WKF) protested the terms of a solicitation issued by the Defense Logistics Agency for 74,274 tank track pads, asserting that the solicitation requirement for offers to be submitted on an “all or none” basis was unduly restrictive of competition. WKF Friedman Enterprises, B-410827. GAO disagreed. WKF wanted to submit an offer for less than half of the… Does Prefab Manufacturing Pass the “Substantial Transformation” Test ?March 2, 2015 With or without legal advice, many contractors develop manufacturing processes to produce products they are confident certifying as Trade Agreement Act (TAA) compliant. Procuring agencies accept the certification and make the purchase. The Government Accountability Office (GAO) decision in Sea Box, Inc., B-409963.3 (February 4, 2015), suggests, however, that contractors… Failing to Meet Socio-Economic and Subcontracting Goals May Cost You!March 2, 2015 A recent GAO decision provides support to agencies in addressing the increasing pressure to evaluate offerors’ compliance with, and puts some teeth in, socio-economic and subcontracting goals. Specifically, GAO found reasonable, and rejected a bid protest challenging, an agency’s assessment of “weaknesses” and downgrading of an offeror’s past performance for failing to meet socio-economic… Short Take: Another Export Violator Behind BarsMarch 2, 2015 The Department of Justice recently announced that Mozaffar Khazaee has pleaded guilty to violating the Arms Export Control Act. DOJ Announcement. The violation occurred when Khazaee sent “sensitive, proprietary, trade secret and export controlled material relating to military jet engines for the U.S. Air Force’s F35 Joint Strike Fighter program and the F-22 Raptor program” to… Agency Failure to Answer Clarification QuestionFebruary 23, 2015 A recent decision by the Civilian Board of Contract Appeals (CBCA) demonstrates the importance of both (i) bidders asking questions to clarify potentially ambiguous solicitation provisions, and (ii) agencies providing clear answers to bidder inquiries, definitively resolving any potential solicitation ambiguities. Specifically, in Leeward Construction Corp. v. Department of Veterans… Discussions Mean You’ll Hear If Your Price Is Unreasonable, But Not Necessarily That It’s UncompetitiveFebruary 23, 2015 Contractors in the competitive range often enter into discussions with unwarranted expectations. The fact that discussions must be “meaningful” does not mean that an offeror will receive actionable information concerning its price. The recent decision in Theodor Wille Intertrade AG, B-409976.3 (January 22, 2015) reiterates what offerors can – and cannot – reasonably expect to learn… Short Take: Subcontractor Illegal Export/Import of Military ArticlesFebruary 22, 2015 The Assistant Attorney General for National Security, the U.S. Attorney of the Northern District of Illinois, the Internal Revenue Service, and the Department of Defense Criminal Investigative Service recently announced the indictment of an Illinois company, its president, and a former employee for unlawfully exporting and importing military articles, including components used in night vision… Like It, or Not: An Agency Can Evaluate Your Performance Whether It’s Required or NotFebruary 16, 2015 We often hear complaints from contractors that have not received Past Performance Evaluations (PPEs), and for good reason. PPEs are critical to a contractor’s ability to compete successfully for new government business. It therefore is surprising to see a contractor complain – actually sue – when the government issues a PPE. But that’s exactly what happened in a somewhat… Beware “Great” Protest Arguments – They May Not Be So Great After AllFebruary 16, 2015 Offerors that have lost out on an important contract are highly motivated to identify protest grounds that can be used to challenge the agency’s decision. Their desire to overturn the award decision, coupled with information gleaned from their debriefing and other sources, often results in a number of potentially viable protest grounds. Additional grounds sometimes are identified… |
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