Government Contracts MonitorLate Proposal: GAO Takes an Equitable Rather than Technical ApproachMay 6, 2014 Generally, a proposal received after the deadline for receipt may not be considered for award: “Offerors are responsible for submitting proposals, and any revisions, and modifications, so as to reach the Government office designated in the solicitation by the time specified . . . .” FAR 15.208(a). The late proposal rule alleviates confusion and ensures equal treatment of offerors. GAO… Attention to Solicitation Requirements Pays Off in the Long RunMay 5, 2014 The recent Government Accountability Office (GAO) decision, InTec, LLC, B-408178.4 (Comp. Gen. Feb. 12, 2014), affirms the vital importance of making clear your proposal meets all the solicitation requirements. As this case illustrates, offerors whose proposals fail to demonstrate strict compliance with solicitation requirements have a hard time winning protests alleging… Agency Evaluations Must Be Consistent with Stated RequirementsMay 1, 2014 Given the broad discretion granted agencies in connection with their award decisions, the likelihood of a successful protest sometimes seems unreasonably low. However, in McGoldrick Construction Services Corporation, B-409252.2 (Comp. Gen. March 28, 2014), the Government Accountability Office (GAO) reminds us that protests can still be won – if you can show the agency… Proposed Rule Would Expand Personal Conflicts of Interest LimitationsApril 29, 2014 On April 2, 2014, the FAR Councils issued a proposed rule implementing a section of the FY2013 National Defense Authorization Act (NDAA) by expanding the limitations on contractor employee personal conflicts of interest to apply to contractor employees performing all functions that are closely associated with inherently governmental functions(not just acquisition functions) and to contracts for… SBA Reminds Us that Size Protests Must be Sufficiently SpecificApril 28, 2014 A recent decision by SBA’s Office of Hearings and Appeals (OHA) serves as an important reminder that size protests must be sufficiently specific to survive dismissal. Jenn-Kans Disposal Service, No. SIZ-5549 (April 11, 2014). While this standard isn’t new, the decision provides important guidance on the kinds of information a protester must include in order to pass muster. It also serves as a… Contractors Assume The Risks That They Properly Priced A Firm Fixed Price ContractApril 25, 2014 It is a simple rule of government contracting: the contractor assumes the upside and downside risk involved in its firm fixed price contract pricing, unless very limited exceptions apply. The Federal Circuit recently provided another example to support this general rule in Lakeshore Engineering Services, Inc. v. United States, No. 2013-5094 (Fed. Cir. April 11,… Maria Contreras-Sweet Sworn-In as New SBA HeadApril 23, 2014 On April 7, 2014, Maria Contreras-Sweet was sworn-in and assumed her new position as the 24th Administrator of the U.S. Small Business Administration (SBA). Commenting on her Senate confirmation, President Obama stated that, in Contreras-Sweet, “the American people will have a fierce champion who understands what it means to start a small business and who has a proven track record of… Offerors Deemed Responsible by Agency Can Bid at Below Cost on Fixed-Price ContractsApril 22, 2014 You might think that below-cost bids would provide a clear basis for challenging an award. If you did, you’d be wrong. As the Government Accountability Office (GAO) makes clear in JCMCS, B-409407 (Comp. Gen. April 8, 2014), the question of whether a bidder can perform at its bid price implicates the agency’s determination of the offeror’s responsibility, which the GAO… DoD Paves the Way for Foreign-Owned U.S. ContractorsApril 15, 2014 DoD just issued an interim final rule for the protection of classified information disclosed to or developed by government contractors. The rule (i) implements policy, (ii) assigns responsibilities, (iii) establishes requirements, and (iv) provides procedures to protect this information. Among other things, the new rule establishes criteria for determining whether a contractor is… GAO Rules that Bid Protest Settlement Does Not Justify Sole Source AwardApril 15, 2014 The U.S. Government Accountability Office (GAO) recently sustained three protests challenging an almost one-half billion dollars, nine-year, sole source award by the U.S. Department of Agriculture, U.S. Forest Service (Forest Service) – an award made pursuant to a settlement agreement resolving an earlier bid protest. Coulson Aviation (USA) Inc.; 10 Air Tanker Air Carrier, LLC;… Montgomery County Chamber of Commerce GovConNet Procurement ConferenceApril 10, 2014 On Friday, May 16, 2014, the Montgomery County Chamber of Commerce (“MCCC”) will hold its annual GovConNet Procurement Conference at the Universities at Shady Grove from 7:30 am to 3:00 pm. There will be matchmaking directly with the following federal agencies: Defense Logistics Agency (DLA) Food and Drug Administration (FDA) National Cancer Institute (NCI)/National Institutes of Health (NIH)… Another Corrective Action Challenge Sustained in Case Complicated by “Curious Agency Actions”April 8, 2014 The Court of Federal Claims (COFC) recently sustained another corrective action challenge, and enjoined the Veterans Administration (VA) from proceeding with the challenged award. Manus Medical, LLC v. United States (“Manus-3”), No. 14-26C (Fed. Cl. March 19, 2014). The Court stated that “[t]his is a relatively simple case made more complicated by some curious… |
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