Government Contracts MonitorGetting Larger? You’re Not Automatically Ineligible for Small Business Task OrdersFebruary 16, 2015 Most small business contractors know that growth past a certain point can adversely impact their ability to win new work from the Government. And this understanding is correct, as far as it goes. But, as the recent decision in Research and Development Solutions, Inc., B-410581; B-410581.2 (January 14, 2015), makes clear, it is important not to overstate the impact of becoming “other… Pre-Award Departure of Proposed Project Manager: Is it a False Statement Not to Amend Your Proposal?February 9, 2015 The United States Court of Appeals for the Sixth Circuit recently tackled the interesting issue of whether or not an awardee’s failure to modify its proposal prior to award – to reflect the pre-award departure of its proposed Project Manager – represents a false statement under the False Claims Act (FCA). Under the facts presented in United States ex rel. American Systems… Small, Women-Owned? Congress Allows Sole-Source Awards, But No More Self-CertificationFebruary 9, 2015 The recently-enacted National Defense Authorization Act (NDAA) for Fiscal Year 2015 (NDAA-15) includes two important changes for Women-Owned Small Businesses (WOSBs). First, the Act authorizes certain sole source awards to WOSBs, ending a long effort to bring the WOSB program in line with other socio-economic programs that have long authorized sole source awards. Second, the Act… ShortTake: Bold Blatant BriberyFebruary 9, 2015 The Justice Department has announced that a 44 year old retired Army Sergeant Major working as a civilian contracting official for the Army, James Warner, was arrested on January 28th for allegedly soliciting bribes from company executives. DOJ Press Release. According to the affidavit filed by the government in support of the criminal complaint, Warner met with executives of Company A, a… Incumbent Left BehindFebruary 2, 2015 The Government Accountability Office (GAO) recently held that procuring agencies are not required to solicit the incumbent for follow-on Federal Supply Schedule (FSS) work, notwithstanding statutory and regulatory changes designed to enhance competition and provide notice “to as many contractors as practicable.” Technical Professional Services, Inc., B-410640, decided Jan. 20, 2015. GAO… Changes to Limitations on SubcontractingFebruary 2, 2015 As reported in this blog back in March of 2013, the National Defense Authorization Act (NDAA) for Fiscal Year 2013 (FY13) made significant changes to the limitations on subcontracting for small business set-aside contracts. Now, twenty-one months later, the Small Business Administration (SBA) has proposed a new rule to implement those changes. While faithfully implementing the statutory… Short Take: Whistleblower Disclosures from Contractor EmployeesFebruary 2, 2015 In connection with a “pilot program” established by the National Defense Authorization Act of 2013 (NDAA), the U.S. Office of Special Counsel (OSC) is revising its regulations to expand who may file a whistleblower disclosure with OSC. Under the proposed rule, employees of Federal contractors, subcontractors, and grantees will be able to disclose wrongdoing within the Federal government if they… Successful Small Business Protesters Not Limited to $150/Hour in Attorneys’ FeesJanuary 27, 2015 Small business offerors weighing the pros and cons of mounting a protest understandably focus on the potential costs of such an effort – and often decide to forgo the legal bills and redirect their focus to the next contract opportunity. The recent cost reimbursement decision in 6K Systems, Inc. – Costs, B-408124.6 (December 16, 2014) provides an important reminder that small businesses… New FAR Interim Rule Increases Minimum Wage to $10.10January 27, 2015 The FAR Council recently issued a new Interim Rule (correction here), implementing President Obama’s Executive Order 13658 establishing a $10.10 per hour minimum wage for employees of covered federal contractors and subcontractors starting January 1, 2015. The new Rule also implements, for FAR-covered contracts, the Final Rule issued by the Department of Labor (DOL) on October 10, 2014,… ShortTake: Past Performance v. Experience - Don’t Conflate the TwoJanuary 27, 2015 In a protest decided last week, a disappointed bidder, Amyx, argued that the government was inconsistent in its evaluation of Amyx’s bid since Amyx received only a “good” rating under the relevant experience criterion but an “outstanding” rating under the past performance criterion, an argument that intuitively may seem correct since the government’s ratings were based on the same projects for… Short Take: Protest Success Rate DecliningJanuary 20, 2015
Lindsay Simmons is responsible for the contents of this Short Take © Jackson Kelly PLLC Avoid the ‘New and Improved’ Strain of IncumbentitisJanuary 20, 2015 Just as people across the country have begun to recover from this year’s particularly nasty flu variant, the Government Accountability Office (GAO) has issued a decision involving an especially virulent form of Incumbentitis. This strain manifests as an incumbent’s touting a new and improved version of the same technology it used to perform the prior contract. However understandable… |
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