Government Contracts MonitorNew Open Access Policy on Research Results Presents New OpportunitiesMarch 11, 2013 The White House Office of Science and Technology Policy (OSTP) recently announced a major new policy aimed at expanding public access to the results of unclassified, federally funded research. In a new policy memorandum, OSTP Director John Holdren has directed Federal agencies with more than $100 million in R&D expenditures to develop plans to make the published results of such research… CBCA Says a Timely Claim Must be \"Mailed\" Using the USPSMarch 7, 2013 A recent Civilian Board of Contract Appeals case confirmed that it will not tolerate tardiness, not even by one day, and that the much-maligned U.S. Postal Service is still the best way to send something to the Board. In Schunck v. General Services Administration, CBCA No. 3079, Mr. Schunck was denied a refund for twelve cameras he bought at a GSA auction. The written notice of… Congress Changes the Method for Calculating Small Business Subcontracting LimitsMarch 1, 2013 In the National Defense Authorization Act for Fiscal Year 2013 (“NDAA FY13”), Congress amended the Small Business Act and fundamentally changed the method for calculating subcontracting limits on small business set-aside contracts. Previously, the SBA regulations (13 C.F.R. § 125.6) and implementing FAR clause 52.219-14 focused on the cost of performance. However, the NDAA FY13… You Can’t Always Get What You Want – Including Past Performance Information Needed to Support Award DecisionsFebruary 28, 2013 Two years ago OMB issued a memorandum regarding the low percentage of past performance assessments being completed and, as a result, the failure of the Contractor Performance Assessment Reporting System (CPARS) – the repository for past performance information on contractors – to capture a sufficient quantity of performance assessments. Why is this important? Source selection officials rely on… Update: The Court Refuses to Follow the Government Down the Rabbit HoleFebruary 25, 2013 As previously reported here, the Court of Federal Claims heard a bid protest in which the solicitation stated the deadline for proposal submission was 2:00 pm Central Time but the GSA’s e-Buy website, which was programmed to refuse proposals after 2:00 pm Eastern Time, rejected as untimely the protestor’s proposal submitted at 1:03 pm Central Time. Sound unnecessarily complicated? Judge… Court of Federal Claims Smacks Down the VA’s OSDBU Not Once, But Twice!February 22, 2013 The Court of Federal Claims recently issued two decisions reinstating veteran-owned small businesses (“VOSBs”) in the Department of Veterans Affairs’ (“VA’s”) Veterans First Contracting Program, after they were held ineligible by the VA’s Office of Small and Disadvantaged Business Utilization (“OSDBU”). See KWV, Inc. v. United States, No. 12-882C (Fed. Cl. Jan. 25, 2013) and Miles… OMB Proposes New Guidance Concerning Grants and Cooperative AgreementsFebruary 20, 2013 On February 1, 2013, the Office of Management and Budget (OMB) took the latest step in the Obama administration’s ongoing efforts to reform federal policies relating to grants and cooperative agreements: Proposed Guidance - “Reform of Federal Policies Relating to Grants and Cooperative Agreements; Cost Principles and Administrative Requirements (Including Single Audit Act).” 78 Fed. Reg.… Where’s the Beef? A Contractor Learns the Hard Way that Ground Beef Does Not Taste Like ChickenFebruary 19, 2013 A government contractor recently learned the hard way that it should quote the right price for the right product when it issues a quote to the government. In Lacey Newday Consulting, LLC (“Lacey”) v. Department of Justice, CBCA Nos. 2782, 2832 , the Bureau of Prisons issued an Request for Quotation to supply 10,000 pounds of ground beef (80/20 to be exact) for use at the United States… Provide All Information Requested In RFPs – Or Suffer The ConsequencesFebruary 18, 2013 Experienced government contractors generally know how to submit timely and complete proposal packages. They also know the consequences for failing to do so. These well known consequences were highlighted in the recent Federal Circuit decision of Orion Technology, Inc. v. United States, No. 2012-5062 (Fed. Cir. Jan. 14, 2013). The Army’s Mission and Installation Contracting Command… Government Seeks Privileged Documents Under the Crime-Fraud ExceptionFebruary 14, 2013 On January 30, 2013 Federal prosecutors asked a judge in Louisiana to require BP LLC’s lawyers to produce documents from the lawyers’ files relating to admitted fraudulent statements made by BP representatives to Congress and to the Securities and Exchange Commission. The relevant statements concern the rate oil was flowing into the Gulf of Mexico during the 2010 oil platform… Don’t be Afraid to Demand Fairness in Discussions – Even in Task Order CompetitionsFebruary 12, 2013 A recent protest decision underscores the importance of fair discussions in task order procurements and the difficulties agencies can face when they change their story mid-stream. Mission Essential Personnel, LLC, B-407474; B-407493 (January 7, 2013) involved a pair of task order awards for intelligence support services in Afghanistan under a multiple award IDIQ contract. Asserting… As Pension Costs Rise, DOD Likely To Squeeze ContractorsFebruary 11, 2013 Contractors negotiate labor costs with the Department of Defense (DOD) – as part of the price DOD will pay on a contract – based upon the compensation they pay to their employees. Since defined benefit pension contributions are a routine part of employee compensation, the amounts a contractor contributes to its employees’ pensions are included in these negotiated labor costs/rates. … |
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