Government Contracts MonitorReverse Auctions – The Future of Government Contracting?December 17, 2013 On December 9, 2013, the U.S. Government Accountability Office released study GAO-14-108 entitled “Reverse Auctions – Guidance Is Needed to Maximize Competition and Achieve Cost Savings.” The study focused on the Departments of the Army, Homeland Security, the Interior, and Veterans Affairs and their use of reverse auctions to acquire predominantly commercial items and services, predominantly… Do Your Homework Before Filing the Size Protest, Not AfterDecember 16, 2013 The recent case of Ametek SCP, Inc., SBA No. SIZ-5518 (Dec. 4, 2013) underscores the importance of presenting sufficient evidence in support of a size protest. As the decision by the Small Business Administration (SBA) Office and Hearings and Appeals (OHA) makes clear, you will not have the opportunity to go back and supplement later. Ametek involved a partial small business set-aside for the… The Appearance of Partiality or Impropriety: Potentially Damaging ActionsDecember 11, 2013 Federal employees play an important role in preserving the integrity of Government contracting and assuring fair treatment of contractors. In this regard, violations of ethics rules can trigger bid protests and result in administrative, civil or even criminal penalties. Among the behaviors that can be challenged are conflicts of interest, including circumstances that could call a government… Perseverance and Litigation Prompt Government to Convert Default Termination to Termination for ConvenienceDecember 10, 2013 Sometimes, if you push hard enough and long enough, you can get a default termination converted to a termination for convenience. That is what happened in White Buffalo Construction, Inc. v. United States, No. 2012-5045 (Fed. Cir. Nov. 1, 2013). White Buffalo Construction, Inc. (“White Buffalo”) contracted with the Federal Highway Administration (“FHA”) to repair damaged roads in the… Billing for 45 Hours of Work in One Day May Require a Time MachineDecember 6, 2013 We typically report on false claims related to overbilling by government contractors. But every once in a while, there’s a case that shows contractors are not the only culprits – lawyers can overcharge the government too. In Clay County, Iowa, an attorney who contracted with the State Public Defenders Office to provide representation to indigent defendants allegedly overbilled the state $177,755… Upcoming Program: GovConNet InstituteDecember 6, 2013 The Montgomery County Chamber of Commerce’s GovConNet will be hosting its annual GovConNet Institute, a series of workshops designed to provide advanced training to Federal government contractors with the tools and knowledge needed to succeed at the next level. The course will be instructed by MCCC GovConNet expert professional service providers. Subject matter is geared for winning and profitably… Timeliness of Protests: Timely For Filing v. Timely for a CICA StayDecember 2, 2013 In a recent bid protest decision, the Court of Federal Claims provided a useful reminder regarding the difference between the deadline for filing a protest and the deadline for filing a protest that entitles a protester to a stay of the award under the Competition in Contracting Act (“CICA”). The Court also provided a lesson on how to count the “days” that mark these deadlines. Dyncorp… Short TakesDecember 2, 2013 Newly-issued Federal Acquisition Circular (FAC) 2005-71, 78 Fed. Reg. 70476 (Nov. 25, 2013) amends the Federal Acquisition Regulation (FAR) to add a new clause (FAR 52.232-40), that requires prime contractors receiving accelerated payments from the Government to make accelerated payments to their small business subcontractors to the maximum extent possible and prior to when such payment otherwise… ASBCA Finds 176 Days an Unreasonable Amount of Time for the CO to Issue a Final DecisionNovember 25, 2013 A recent Armed Services Board of Contract Appeals (“ASBCA”) case reminds us that you may not necessarily need a Contracting Officer’s (“CO’s”) final decision on your claim before you file an appeal. In Metag Insaat Ticaret A.S., ASBCA No. 58616 (Nov. 4, 2013), the CO issued the contractor a final performance evaluation with a rating of “marginal” or “unsatisfactory.”… “Wired Contract” Investigation at USAID Comes to a Close with a Civil PenaltyNovember 22, 2013 A Justice Department investigation into a conflict of interest involving the former CFO of USAID, David Ostermeyer, was recently resolved with a civil penalty. The investigation focused on an allegation of a “wired contract” that Ostermeyer allegedly helped USAID draft so he could apply for the position after his retirement. According to the DOJ’s press release, “in an… When It Comes to Evaluations, Agencies Have to Do What They Say They’re Going to Do – And Be Able to Prove ItNovember 19, 2013 The recently announced decision in Trailboss Enterprises, Inc., B-407093 (Comp. Gen. Nov. 6, 2012) presents a classic example of agency activity that usually leads the Government Accountability Office (GAO) to sustain a protest: the failure to conduct an evaluation in accordance with the solicitation. Trailboss involved a Request for Proposals (RFP) to provide aerial delivery services to a number… SBA’s OHA Reaffirms that Prior Favorable Size Determinations Are Not Binding in Subsequent Size Protests.November 19, 2013 In a recent size appeal SBA’s Office of Hearings and Appeals (“OHA”) reaffirmed that prior favorable size determinations are not binding on either an Area Office or OHA in a subsequent case, and each size protest must be decided based upon the facts and circumstances of the particular protest. Hopefully, this ruling will put to bed the continuing notion of some contractors that they no longer… |
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