Government Contracts MonitorFinal Report on Improving Cybersecurity through AcquisitionFebruary 4, 2014 The Department of Defense (DOD) and the General Services Administration (GSA) Joint Working Group on Improving Cybersecurity and Resilience through Acquisition recently issued the much-anticipated final report to the President. This report fulfills the requirements of Section 8(e) of Executive Order 13636 (previously discussed here), which sought recommendations from DOD and GSA on “the… Update: Prison for Two and Probation for Two in Navy Kickback SchemeFebruary 3, 2014 As an update to the article posted here about former Navy Engineer Ralph Mariano, four additional defendants were sentenced for their roles in the scheme. Anjan Dutta-Gupta, founder of the technology company Advanced Services for Tomorrow (“ASFT”), was sentenced to three years in prison and ordered to pay $17.9 million in restitution. During the sentencing proceeding, attorneys for… When Litigation Doesn’t Provide Relief, Congress MayJanuary 29, 2014 Congress recently passed, and the President signed, the Omnibus Appropriations Bill for FY2014. This Bill funds Job Corps at $1,688,155,000, with $1,578,008,000 for operations; $80,000,000 for construction; and $30,147,000 for the Department of Labor’s (DOL’s) Office of Job Corps. Most importantly, an explanatory statement to the Bill addresses what many consider to be the DOL’s… Good News: You Can Still Win a Protest on Price Analysis GroundsJanuary 27, 2014 When conventional wisdom says that protests challenging an agency’s price analysis are hard to win, it’s right. They are. The nature of the price analysis used falls within the agency’s reasonable discretion -- and agencies often have little trouble establishing that their price analysis was reasonable. However, the recent case of AXIS Management Group LLC, … Transition of Key Government Procurement PersonnelJanuary 23, 2014 The OFPP and the Navy recently transitioned two new procurement officials. Click through for more in-depth analysis on the new personnel. OFPP Administrator Joseph Jordan Departs; Deputy Administrator Lesley Feld to Serve as Acting Administrator: After five years of Government service – the most recent 18 months as OFPP Administrator – Joe Jordan has returned to the private… Allowability of Contractor Litigation Defense and Settlement Costs Under FAR 31.205-47January 21, 2014 It’s taken a long time but, on January 6, 2014, the Department of Energy (DOE) finally issued DOE Acquisition Letter 2014-03 implementing the Federal Circuit’s holding in Secretary of the Army v. Tecom, 566 F.3d 1037 (Fed. Cir. 2009). Tecom addressed the allowability of contractor costs incurred in defending and settling legal claims brought by a third party. Tecom,… NLRB Posting Rule Is Dead, But Federal Contractors Still Have A FAR Obligation To PostJanuary 17, 2014 On January 6, 2014, the National Labor Relations Board (“NLRB”) announced that it “has decided not to seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule, which would have required most private sector employers to post a notice of employee rights in the workplace.” The NLRB’s decision leaves intact the appellate rulings in … Make Sure You Know Exactly When Your Quotation is Due!January 16, 2014 A recent GAO decision reminds us how important it is for contractors to know exactly when their offers are due, and to err on the side of caution if there is any doubt. In International Code Council, B-409146 (Comp. Gen. Jan. 8, 2014), the Department of Housing and Urban Development (HUD) issued a request for quotations with a due date of July 23, 2013 at 3:00 p.m. Then on July 16,… Short Takes: Treasury Raises the Prompt Payment Act Interest RateJanuary 13, 2014 On Friday January, 3, 2014, the Treasury Department announced that it is raising the Prompt Payment Act interest rate to 2.125% per annum for the period of January 1, 2014, and ending on June 30, 2014. 79 Fed. Reg. 424. The prior interest rate was set at 1.75%. The interest rate has not been over 2% since the second half of 2011, when the rate was 2.5%. Michael J.… Former Navy Engineer Is Sentenced to 10 Years in Prison and Fails to Get Full Credit for Pleading GuiltyJanuary 13, 2014 In a recent case, a former Navy Engineer was sentenced to 10 years in prison, three years of supervised release, $10,000 fine and $17,957,000 in restitution in connection with a guilty plea entered earlier this year to conspiracy to commit theft of government property, theft of government property, and tax evasion. The case, United States v. Ralph Mariano, 1:12-CR-00061-ML (D.R.I. 2013), involved… An Agency’s Ultimate Trump Card in a Protest: Suspension of the ProtesterJanuary 6, 2014 A recent case serves as a reminder that the Government Accountability Office (GAO) does not review agency suspension decisions – even where they impact ongoing protest litigation. In Inchcape Shipping Services Holding, Ltd., B-402687.10; B-402687.11 (Comp. Gen. Dec. 9, 2013), protester, Inchcape Shipping Services Holding, Ltd. (ISS) of Dubai, challenged awards for maritime husbanding support… An Agency’s Overly Narrow Reading of a Solicitation Requirement Can be ChallengedDecember 17, 2013 SRA International, Inc. (SRA) recently lodged a protest challenging an award by the National Aeronautics and Space Administration (NASA). SRA argued that NASA’s proposal evaluation was unreasonable for a number of reasons, including the assignment of a weakness to SRA’s proposal for failing to specify – through the submission of executed subcontracts – its commitment to use the proposed small… |
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