Government Contracts MonitorIf the Agency Tells You How You Can Improve Your Proposal, ListenJuly 10, 2014 In the recent case of Crystal Clear Technologies, Inc., B-409266.2, (Comp. Gen. May 28, 2014), the protester challenged the agency’s rejection of its offer for failure to sufficiently describe the product and pricing being offered. The protester, Crystal Clear Technologies, Inc. (Crystal Clear) essentially lost because it ignored the agency’s guidance concerning what Crystal Clear needed to… Short Takes: Treasury Lowers the Prompt Payment Act Interest RateJuly 8, 2014 On Tuesday July 1, 2014, the Treasury Department announced that the Prompt Payment Act interest rate has been reduced to 2.0% per annum for the period of July 1, 2014, and ending on December 31, 2014. 79 Fed. Reg. 37391. This interest rate is used to calculate the penalty paid by the government when it fails to timely pay contractors for goods and services. With this… Don’t Bank on Option Exercise – You May Be Very DisappointedJuly 3, 2014 A recent decision by the Civilian Board of Contract Appeals reminds us how most options work in government contracts. In JRS Management, CBCA No. 3288, May 28, 2014, the Board denied a contractor’s claim that by failing to exercise the renewal option, the agency acted in bad faith and committed an arbitrary and capricious abuse of discretion, stating: “Regarding the… Small Just Got Bigger: The SBA Adjusts its Monetary-Based Size StandardsJuly 1, 2014 On June 12, 2014 the Small Business Administration (SBA) published an Interim Final Rule under which SBA adjusts its monetary-based size standards to account for inflation that has occurred since 2008. These adjustments are in addition to the recent revisions to SBA’s size standards issued as part of its comprehensive size standards review. The rule goes into effect on July 14,… Short Takes: It’s Final! No Caps on WOSB Contract Set-AsidesJuly 1, 2014 We previously reported on the FAR interim rule that eliminated dollar caps on the anticipated award price of contracts to Economically-Disadvantaged Women Owned Small Businesses (“EDWOSB”) and Women-Owned Small Businesses (“WOSB”). On June 24, 2014, this interim rule was adopted as final, without change. The FAR council received no comments on the interim rule during the… Show You Are an Interested Party -- Don’t Expect the GAO to Do Your Job for YouJune 30, 2014 The recent Government Accountability Office (GAO) decision, Tyonek Worldwide Services, Inc. – Reconsideration, B-409326.6, (Comp. Gen. May 15, 2014), illustrates the importance of affirmatively demonstrating interested party status rather than arguing after the fact that the GAO should confer it. The protestor, Tyonek Worldwide Services, Inc., (Tyonek) submitted a proposal in response… Nonconformance Can Be Costly: Defense Contractor Charged With Wire Fraud Conspiracy for Providing Nonconforming Parts to the GovernmentJune 24, 2014 On June 14, 2014, Richard Melton, the former president of defense contractor Partz Network, was arrested and charged with allegedly stealing $3 million through fraudulent contracts with the U.S. Department of Defense (DoD). Most of the contracts were for replacement parts for military rolling stock – parts required to be manufactured by DoD-recognized qualified manufacturers. Partz… GAO Issues New Report on Government-Wide Suspensions and DebarmentsJune 23, 2014 A new report by the U.S. Government Accountability Office (GAO) finds that the number of suspensions and debarment actions government-wide is up more than 162% over the past five years. The increase is even greater – a stunning 1,326% -- for six agencies previously criticized by GAO: Commerce, HHS, DOJ, State, Treasury and FEMA. These agencies began to… Facially Ambiguous Solicitations Must Be Protested Prior to the Response DeadlineJune 20, 2014 It is axiomatic that offerors confronted with ambiguous solicitations cannot wait for the award decision before deciding whether to protest. However, offerors continue to do just that. In the case of ARKRAY USA, Inc., B-408981.4 (Comp. Gen. March 5, 2014), the delay was perhaps understandable given relatively complicated procurement, but it nonetheless proved fatal… The Rule of Two – Is It Used to Fulfill or Define Small Business Participation Goals?June 16, 2014 In the past few months the Federal Circuit has issued several decisions regarding the Rule of Two. The initial decisions arose in the context of Job Corps Center (JCC) operations contracts – addressing whether or not the Department of Labor (DOL) could use the Rule of Two over and over again to set aside an unlimited number of JCC operations contracts for a tiny group of small businesses,… Short Take: House-Passed FY15 NDAA Contains Important Small Business Provisions.June 13, 2014 On May 22, 2014 the U.S. House of Representatives passed House Resolution No. 4435, the National Defense Authorization Act (NDAA) for Fiscal Year 2015. This bill includes several important provisions that would materially impact small businesses if concurred in by the Senate and carried forward into law. Most importantly, under an amendment sponsored by the chair of the House Small… DoD Proposes New DFARS Clause Implementing Another Contractor Reporting RequirementJune 9, 2014 Last week, DoD issued a proposed rule to implement section 807 of the National Defense Authorization Act (NDAA) of FY2008. This rule will require contractors to annually report service contract data at the end of the Government’s fiscal year or the end of contract performance, whichever comes first. The rule will apply to all contracts above the simplified acquisition… |
|
© 2025 Jackson Kelly PLLC. All Rights Reserved.