Government Contracts MonitorUpcoming Program: GovConNet InstituteOctober 17, 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… When You Agree to Put a Roof Over the Government’s Head, Give it the Right PriceOctober 14, 2013 The government recently settled a qui tam lawsuit against Tremco, Inc., a roofing restoration and supply company that is a subsidiary of RPM International, Inc., a multi-national holding company headquartered in Medina, Ohio. In United States, ex. rel. Gregory Rudolph v. Tremco Inc. and RPM International Inc., No. 10-CV-1192 (D.D.C. filed July 15, 2010) (complaint linked here), the relator… GAO Sides with the FAR Council: The Small Business Act’s Set-Aside Provisions Do Not Apply Outside the United StatesOctober 9, 2013 A recent General Accountability Office (GAO) case resolves an ongoing dispute between the Small Business Administration (SBA) and the Office of Federal Procurement Policy (OFPP) concerning the application of set-aside rules outside the United States. It also offers some interesting insight into the GAO’s approach to resolving inter-agency squabbles concerning statutory interpretation. In … Royalty-in-Kind Contracts With The Department of the Interior Can Be Enforceable Federal ContractsOctober 7, 2013 Companies that extract minerals and other natural resources from federal land typically pay royalties to the U.S. Department of the Interior (“Interior”). Under standard federal oil and gas leases, the government may enter into Royalty-In-Kind (“RIK”) contracts providing that the government receives a designated proportion of the minerals extracted instead of a cash payment by the company… Past Performance: Do your Subs and Key Personnel Count or Not?October 3, 2013 HK Consulting (HK) protested the terms of a Request for Proposals (RFP) alleging it unduly restricted competition. What was the problem? The RFP stated that the agency would not consider the past performance of an offeror’s proposed subcontractors or key personnel. In HK’s view, this past performance criteria was unreasonable and unduly restrictive of competition. But… The Federal Government Is Shut Down. Now What?October 1, 2013 Because Congress was unable to reach an agreement on the federal budget by October 1, 2013, there is no appropriation in place and most federal agencies are required to severely curtail their operations or shut down entirely due to lack of funding. The following is a sampling of federal agencies of interest to Jackson Kelly clients, a brief summary of their shutdown contingency plans, and the… Note to Self: Make Sure You Actually Have a Contract Before You File a ClaimSeptember 30, 2013 A recent Armed Services Board of Contract Appeals (ASBCA) case serves as a reminder of the central role that contract performance can play in determining – or undermining – entitlement under a contractor’s claim. It also presents a laundry list of ill-advised actions that contractors should avoid. TTF, L.L.C., ASBCA Nos. 58495, 58516 (Sept. 3, 2013), involved a total HUBZone set-aside for… Here We Go Again…Possible Federal Government Shut-Down - Actions to Take Now (Updated)September 27, 2013 Once again we find ourselves faced with a possible federal government shut-down. Contractors need to start planning and communicating now with their respective government contracting officers about how to address the shut-down, possibly as early as this coming weekend or in a couple of weeks. If there is a shut-down, virtually all federal government contractors face serious… New OFCCP Regulations Change the Landscape for Federal Contractors Regarding Persons with Disabilities and VeteransSeptember 25, 2013 The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) recently updated its regulations regarding individuals with disabilities and veterans (41 C.F.R. Parts 60-741 and 60-300). See 78 Fed. Reg. 58614; 78 Fed. Reg. 58682. The new regulations take effect on March 24, 2014. There are several items of note in these new regulations that will… Upcoming Program: Rules Have Changed. Learn How to ComplySeptember 25, 2013 Michael Schrier will be speaking at an October 3, 2013, seminar on recent changes to government contractor labor and employment rules put forth by the Office of Federal Contract Compliance Programs as well as other Department of Labor agency guidelines that impact contractors. Please click here to see more detailed information about the presentation. Registration is limited to… Conflicts of Interest: “No Man Can Serve Two Masters”September 24, 2013 A conflict of interest is a personal interest or relationship that is at odds with the faithful performance of an official duty. With respect to federal procurement activities, there are numerous statutes and regulations governing official’s behavior in order to avoid such conflicts. As the Supreme Court has stated, these conflict of interest laws “attempt to prevent honest government… The Wrong Forum: GAO Doesn\'t Consider Intellectual Property InfringementSeptember 23, 2013 In a recent case, the Government Accountability Office (GAO) considered – and quickly dismissed – a protest of RFP terms alleging that they infringed the protester’s intellectual property rights. Controlled FORCE, Inc. B-408853 (Comp. Gen. Sept. 18, 2013) involved a Navy RFP for security guard services at Navy installations. Protester argued that the Navy “is violating intellectual property… |
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