Government Contracts MonitorShort Takes: DOD Schedules Second Public Meeting on Counterfeit Electronic PartsMarch 6, 2014 As previously reported here, DOD published a Proposed Rule on May 13, 2013 on “Detection and Avoidance of Counterfeit Parts,” partially implementing Section 818 of the National Defense Authorization Act for Fiscal Year 2012. DOD subsequently held a public meeting on June 28, 2013, to discuss the proposed rule, and is preparing to publish a final rule. Meanwhile, DOD is now considering… Past Performance Information: Information Availability and Reference Follow-UpMarch 5, 2014 A recent GAO decision highlights the importance of ensuring that (1) your past performance information in Government databases is up-to-date, and (2) your proposed references respond and timely submit past performance questionnaires. Veterans Elite, Inc., B-409233 (Comp. Gen. Feb. 10, 2014). The case involved an Air Force procurement for mechanical services at Joint Base McGuire-Dix-Lakehurst, New… Check Your Bids Twice -- Agencies May Not Be Able to Overlook Your MistakesFebruary 27, 2014 The bid preparation process can be hectic, but contractors must take the time to carefully check their bids to ensure they are not found nonresponsive. Some mistakes cannot be waived by the evaluating agency. The GAO’s decision in C&D Construction, Inc., B-408930.2 (Comp. Gen. Feb. 14, 2014) is a case in point. This protest involved a waiver by the U.S. Army Corps… When It’s Too Late To Say Late Is LateFebruary 27, 2014 GAO recently affirmed its position that the standard for late proposals does not generally apply to requests for quotations (RFQs). Gartner, Inc., B-408933.2; B-408933.3 (Comp. Gen. Feb. 12, 2014). The interesting part of the decision is GAO’s refusal to weigh in on whether a quote is late when it is due by 9:00 am and received by the agency’s servers before 9:01 am but not received by… NIST Releases Cybersecurity Framework Version 1.0February 20, 2014 On February 12, 2014, the National Institute of Standards and Technology (“NIST”) released the long-awaited Cybersecurity Framework Version 1.0. According to NIST, “The framework allows organizations—regardless of size, degree of cyber risk or cybersecurity sophistication—to apply the principles and best practices of risk management to improve the security and resilience… What Constitutes “Discussions” Depends on Parties’ Actions, Not the Agency’s LabelFebruary 18, 2014 The recent GAO decision in Kardex Remstar, LLC, B-409030 (Jan. 17, 2014) serves as a reminder that the issue of whether a given communication amounts to “discussions” or merely “clarifications” does not turn on the agency’s characterization, even in the context of a Part 8 procurement from Federal Supply Schedule (FSS) vendors.
The protest challenged the award of an order under a Request… Be Prepared: Fully Document All Potentially Allowable CostsFebruary 18, 2014 The U.S. Court of Appeals for the Federal Circuit, in Kellogg Brown & Root Services, Inc. v. United States, No. 13-5030 (Fed. Cir. Feb. 3, 2014), recently affirmed a lower court decision denying Kellogg Brown & Root Services, Inc. (“KBR”) more than $6 million in costs it incurred while providing food services to the United States Army in Iraq. The reason for the… Sorry, We Don’t Have Any Bananas at the Price We Agreed to Sell Them ForFebruary 18, 2014 In a recent case, FreshPoint, Inc., a large food distribution company that is a wholly owned subsidiary of Sysco Corp., agreed to pay $4.2 million for overbilling the Department of Defense for produce. The case, United States ex rel. Hall v. SYSCO Corp., No. 4:11-CV-57 (M.D. Tenn. filed Dec. 13, 2010), involved a whistleblower complaint filed by former FreshPoint employee Charles… Short Takes: DOJ Recovers $3.8 Billion from False Claims Act Cases in Fiscal Year 2013February 12, 2014 In a recent press release, the Justice Department announced that it secured $3.8 billion in settlements and judgments from civil cases involving fraud against the government in the fiscal year ending September 30, 2013. The Department stated it was “the second largest annual recovery of its type in history.” Although health care fraud continued to be the dominant area of recovery for the… The Set-Aside Process Gone Wild – Will the Federal Circuit Reconsider?February 11, 2014 In 2012, the Department of Labor (DOL) dramatically increased the number of Job Corps Center (JCC) operator contracts set aside for small businesses. DOL made this decision based solely on “interest” from two or more small businesses. According to DOL, interest alone is enough to set aside – in this case nearly 80% of the JCC procurements, even though most of these JCCs have been… Don’t Assume Information Contrary to the RFP, Even Where Substantiating Documentation ExistsFebruary 6, 2014 In reviewing Government solicitations, offerors, particularly incumbents, frequently find what they believe to be incorrect information. In such instances, there may be an urge to disregard the perceived “incorrect” information, and instead use the believed “correct” information, in formulating the offeror’s proposal. This urge may arise out of a desire to demonstrate the offeror’s… The Final Word? Suspension of Affiliates Is Worse Than You ThinkFebruary 4, 2014 We reported on the saga of two contractors suspended solely based on their affiliation with another company that had actually been indicted for overbilling the Government on subsistence contracts performed in the Middle East. At that time, having detailed the contractors’ travails, we suggested that the complete story had yet to be written. Barring an appeal to the United States Supreme… |
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