Agility Defense & Government Services, Inc., et al. v. U.S. Department of Defense, a case we have reported on twice before as it winds its way through the judicial system, is now before the U.S. Court of Appeals for the Eleventh Circuit and ready for oral argument. The importance of this case is that it tackles head-on the question of whether the FAR rule permitting a suspension and debarment…
An issue frequently confronted by offerors in proposal preparation is the extent to which the offeror may modify or change its initial proposal in response to a narrow RFP amendment after the submission and evaluation of initial proposals. This issue is particularly prevalent in cases involving RFP amendments after the agency agrees to implement corrective action to address a specific…
The General Services Administration (“GSA”) recently issued a Request for Information (“RFI”) asking for public input on implementing cybersecurity standards into acquisition planning and contract administration. This RFI provides an important opportunity for contractors to voice potential burdens and compliance challenges that will be associated with implementing these…
The recent case of Allcon, LLC, SBA No. BDPE-486 (April 30, 2013), underscores the importance of not getting too involved in the business of family members who own an 8(a) company if you hope to achieve 8(a) certification yourself. The case involved an appeal by Ms. Ana Lopez of an SBA determination that her construction company, Allcon, LLC, did not meet the entry requirements of the 8(a)…
The Government Accountability Office (“GAO”) expects offerors to bear the burden of submitting the past performance information they wish an agency to consider in evaluating their proposals. In the recently decided protest FN Manufacturing LLC (“FNM”), B-407936 (Comp. Gen. April 19, 2013), the GAO stated it sees “no basis for concluding” that an agency is “required to search for…
In a recent case in Texas, a federal jury convicted Donald Brewer, his wife Sherri Brewer, and James McKinney on multiple fraud counts for submitting false invoices under information technology contracts with the Air Force. The Air Force Medical Support Agency purchased information technology systems for Air Force hospitals and medical treatment facilities through its Medical Systems…
As noted in last week’s article discussing the new “ChallengeHER” Program for Women-Owned Small Businesses recently announced by the Small Business Administration (“SBA”), Congress has eliminated the statutory caps on the value of contracts that can be set-aside for competition among Women-Owned Small Businesses (“WOSBs”) and Economically Disadvantaged…
When faced with a $95,115 Contract Disputes Act certified claim for improper cancellation of a purchase order for printed circuit cards, the United States Government didn’t just defend the claim – it went on the offensive by filing a False Claims Act (FCA) claim against the contractor. In Ulysses, Inc. v. United States, No. 06-436C (Fed. Cl. April 30, 2013), the Court of Federal Claims…
A recent case in federal court in Maryland provides an additional reminder (if any were needed) that fraud in connection with small business activities does not pay. In United States v. Oh, No. 11-CR-00600 (D. Md.), a Virginia attorney plead guilty to conspiracy to commit bank fraud and money laundering in connection with her role in falsifying records to secure loans from the Small…
Last Fall, we reported on a case in which the ASBCA adopted the Federal Circuit’s interpretation of FAR 52-217-8 and FAR 52.217-9 and the difference between the two clauses. That article stressed the importance of knowing which clause is implicated by the contract extensions at issue and understanding the clauses’ separate purposes. The recent case of Glasgow Investigative Solutions,…
As part of the Obama Administration’s efforts to promote small businesses in federal contracting, the Small Business Administration (SBA) recently announced the ChallengeHER Campaign. The purpose of the campaign is to educate women business owners about federal procurement opportunities and introduce business owners to acquisition decision-makers in order to increase the percentage of…
With the winding down of operations in Iraq and Afghanistan, active duty military units are returning from overseas to their U.S. bases. One such military base is Fort Bragg. The Army, however, does not know exactly how many soldiers from the drawdown will be stationed at Fort Bragg. As a result, the Court of Federal Claims explained, “[I]t is unclear how much food will need…
