Government Contracts MonitorAgency Estimates: Say What You Need and Need What You SayJune 5, 2014 As a general rule, agencies cannot award a contract on a basis fundamentally different from the basis upon which the competition was conducted. GAO recently confirmed this principle, noting that where there is a significant change in the government’s quantity requirements, the agency must inform all offerors of the revised requirements, and give them an opportunity to submit proposals… No Surprise Here: GAO Upholds an Agency’s Reasonable EvaluationJune 2, 2014 In a fairly straightforward opinion, the Government Accountability Office (GAO) denied a protest challenging the award of a contract based on the argument that the Department of the Army improperly evaluated price proposals. In Dynamix Consulting Corporation, Inc., B-409501 (Comp. Gen. May 1, 2014), GAO reminded protesters that the evaluation of a proposal is a matter… Our Unsustainable Fiscal Path – DoD Makes the High Risk ListMay 29, 2014 Each year the Secretary of the Treasury, in coordination with the Director of OMB, is required to submit an audited financial statement for the U.S. government to the President and Congress. GAO is required to audit these statements. The Financial Report of the U.S. Government for FY 2013, issued by the Comptroller General, provides a comprehensive overview of the government's… Jackson Kelly Attorneys Presenting at Annual Teaming to Win ConferenceMay 27, 2014 J. Eric Whytsell and Hopewell Darneille will be speaking at the 2014 Teaming to Win Conference on May 28 and 29, 2014. Their program will focus on the need for government contractors to prioritize how they spend their time and money to position themselves for success in the government sector. The discussion will touch on a number of key areas in which… Tips on Effectively Engaging with Potential Government CustomersMay 27, 2014 One of the most interesting parts of the recent Montgomery County Chamber of Commerce GovConNet Procurement Conference was hearing from government procurement professionals and successful contractors about what works (and what doesn’t) when marketing to federal agencies. During the Centers for Medicare and Medicaid Services (CMS) Panel, Brian Hebbel, the Director of the Division of Quality… A Signature Can Be Very ValuableMay 22, 2014 An expensive lesson was recently learned by the contractor in Tokyo Company, ASBCA No. 59059 (April 23, 2014). Tokyo submitted a $920,602 claim with a certification that did not include a physical signature. The certification included only the company's stamp and the typed name of its general manager. Because Tokyo failed to properly sign or execute its claim… Cost Realism Evaluations – Let’s Get RealMay 20, 2014 A recent protest demonstrates that while an agency source selection authority (SSA) may disagree with the agency evaluators, and can conduct an independent reevaluation of proposals, the SSA’s independent judgments must be reasonable, consistent with the stated evaluation factors, and adequately documented. That was not the case in Prism Maritime, LLC, B-409267.2; B-409267.3… The Importance of Clearly Establishing Your PriceMay 19, 2014 The Government Accountability Office (GAO) recently reminded bidders that even if they think their overall prices are clearly ascertainable from their bids, an agency can and will reject a bid if the agency disagrees. In Croman Corp., B-409496 (Comp. Gen. April 29, 2014), the GAO upheld the agency’s decision to reject Corman’s lowest-priced bid as nonresponsive for… False Claims Act Relators Get A Piece Of The Action, Even After The Government Tries To Cut Them OutMay 16, 2014 It is standard under the False Claims Act that if the government takes over a relator’s claims and later gets a recovery on the claim, the relator is entitled to a percentage of the recovery. 31 U.S.C. § 3730(d)(1). In United States ex rel. Norman Rille v. PricewaterhouseCoopers LLP, et al., No. 11-3514 (8th Cir. April 10, 2014), the federal government… Update: DOD Issues Final Rule on Detection and Avoidance of Counterfeit Electronic PartsMay 13, 2014 On May 6, 2014, the Department of Defense (DoD) issued a final rule on the Detection and Avoidance of Counterfeit Electronic Parts. The final rule includes several substantive changes from the proposed rule (which we discussed here), to address a number of industry concerns. The final rule, like the proposed rule, shifts the burden of detecting counterfeit parts from the Government to the… Captain America Would Be Proud: The Government Is Contractually Responsible For CERLA Costs Related To WWII Aviation Fuel ProductionMay 12, 2014 In a case reminiscent of some of themes raised in the recent Captain America movie franchise, a World War II problem comes to life in the Twenty-First Century and the U.S. Government is contractually obligated to pay to fix it in Shell Oil Company, et al., v. United States, No. 2013-5051 (Fed. Cir. April 28, 2014). Shortly after the Pearl Harbor attack, the U.S. Government… Father and Son Executives Walk off with $33 million in Federal Program Funds – at a CostMay 8, 2014 The Department of Justice just announced the indictment of two individuals (father and son) and their two companies for allegedly defrauding the federal government and 200 public schools districts of more than $33 million. The parties are charged with multiple counts of mail fraud and federal program bribery for allegedly misrepresenting the nature and quality of tutoring… |
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