Government Contracts MonitorWhen is the Past Performance of an Affiliate Attributable to the Offeror?August 7, 2014
Raytheon Company protested the award of a contract to EFW, Inc. for integrated fixed towers needed to support the U.S. Customs and Border Protection (Agency) in its border enforcement efforts. Raytheon Co., B-409651 (Comp. Gen. July 9, 2014). One basis of this protest related to past performance -- that when the Agency evaluated EFW’s past performance it “conflated” various… Short Takes: Is Uniform Use of Line Items in Our Future?August 7, 2014 The DoD, GSA, and NASA recently issued a proposed rule to amend the FAR to establish a uniform line item identification structure for the federal procurement system. The structure is designed to improve the accuracy, traceability, and usability of procurement data throughout the entire federal procurement system. Currently such data is limited to contract-level information in… If An RFP Is Defective, Don’t Wait To See If You’re The Awardee Before You Protest – You Will Be Too LateAugust 5, 2014 In Del-Jen Education & Training Group, B-406897.3 (Comp. Gen. May 28, 2014), an incumbent Job Corps operator, Del-Jen, protested the award of the new contract for the operation of the Kittrell Job Corps Center (KJCC), arguing that the solicitation did not reflect the agency’s requirements because of changes occurring after the RFP was issued but before the award. Specifically, Del-Jen… Proposed Rule Would Modify DFARS Business Systems Compliance RequirementsJuly 30, 2014 Contractor business systems and internal controls can be understood as “the first line of defense against waste, fraud and abuse.” In an attempt to strength those protections, the Department of Defense (DoD) has issued a proposed rule modifying business system compliance requirements. If adopted, the proposed rule would require covered contractors to demonstrate their compliance… That Little White Lie Can Be Very Costly Under the Special Plea In Fraud Statute and False Claims ActJuly 28, 2014 The recent Federal Circuit opinion in Veridyne Corporation v. United States, No. 2013-5011 (Fed. Cir. July 15, 2014), is a cautionary tale about not trying to game the system to take advantage of a contractor’s expiring 8(a) status. Veridyne Corporation (“Veridyne”) was a successful federal contractor that participated in the Small Business Administration (“SBA”) 8(a) program. Veridyne had… Getting Before the Board of Contract Appeals – Jurisdiction by Agreement?July 25, 2014 In the recent case, Patriot Pride Jewelry, LLC, ASBCA No. 58953 (June 9, 2014), the Armed Service Board of Contract Appeals found that jurisdiction can come from the parties’ agreement, even if the Contract Disputes Act (CDA) would not ordinarily apply. Patriot Pride Jewelry, LLC and the Army & Air Force Exchange Service (AAFES) entered into an AAFES Retail Agreement under which AAFES was to offer… Procuring Agencies Can’t Change Horses Mid-Stream, Even If They’re Only Requesting QuotesJuly 22, 2014 The recent case of AeroSage LLC, B-409627 (Comp Gen. July 2, 2014), provides a useful reminder that the discretion of government procurement personnel is not unlimited: Once the Government chooses a procurement method and notifies offerors of the rules, it cannot then unreasonably impose additional requirements. The case involved a Federal Bureau of Prisons (BOP) reverse auction procurement for… Flow Down of Specialty Metals Requirements – Let’s Be ClearJuly 22, 2014 DoD proposes to amend the flow down requirements of DFARS Clause 252.225–7009 entitled ‘‘Restriction on Acquisition of Certain Articles Containing Specialty Metals” to clearly limit a contractor’s ability to modify the language of the clause in the flowdown to subcontractors. This clause is used in DoD contracts that require the delivery of aircraft, missile or space systems, ships, tank or… Short Takes: DOD Amends ASBCA RulesJuly 21, 2014 In March, we reported here on DOD’s proposed rule to amend the rules of the Armed Services Board of Contract Appeals (ASBCA). DOD received comments from two respondents and issued its final rule effective July 21, 2014. DOD found most of the respondents’ proposed changes to be unnecessary, and thus the final rule is nearly identical to the proposed rule. Thus, the final rule, like the… When in Doubt, Make Sure Your Appeal is Filed Within 90 Days!July 16, 2014 It is common knowledge (or should be) among federal government contractors that an appeal of a contracting officer’s final decision on a claim must be filed at the Board of Contract Appeals within 90 days. The recent case, Creek Services, LLC, ASBCA No. 59127 (July 1, 2014), demonstrates how important it is to keep your eye on the calendar.
The Army Corps of Engineers awarded a… Agencies Must Justify Sole Source Awards – And Not Based on a Lack of PlanningJuly 14, 2014 We are all familiar with agency authority, under 10 U.S.C. §2304, to use other than competitive procedures (i.e., sole or limited source procurement) when (i) the property or services needed are available from only one or a limited number of responsible sources (and there is no adequate substitute) or (ii) an agency’s need for a property or service is of such an unusual and compelling… No Matter How Hard You Fight, Winning the Battle May Not Mean Winning the WarJuly 11, 2014 In the recent matter of Gaver Technologies, Inc., B-409535 (Comp. Gen. June 3, 2014), the Government Accountability Office (GAO) sided with the protester against the National Aeronautics and Space Administration (NASA) after a hearing and careful consideration of the record. However, all the protester’s hard work may come to naught. The protest outcome – a recommendation that the… |
|
© 2025 Jackson Kelly PLLC. All Rights Reserved.