Government Contracts MonitorProcurement News and AnalysisRight of First Refusal No Longer Grounds for Rejecting VOSB EligibilityApril 3, 2013 According to recent testimony by Tom Leney, Executive Director of the Department of Veterans Affairs (VA) Office of Small and Disadvantaged Business (OSDBU), the VA will no longer consider “transfer restrictions that are part of normal commercial dealings, such as the right of first refusal, do not material affect the ability of a Veteran to unconditionally own and control the business” and,… Government Contractors: Beware of the “Honey Trap”March 27, 2013 A pinch of romance, a secret international rendezvous, forged identities, and a splash of classified documents – sound like a recipe for the latest Hollywood spy thriller? It’s actually a recent federal criminal complaint filed against a former Army Reserve Lieutenant Colonel – and it’s equally as satisfying. In United States v. Benjamin Bishop, No.… Due Process is Alive and WellMarch 20, 2013 Last month, we reported on the successful pre-award bid protest, Miles Construction, LLC v. United States, No. 12-597C (Fed. Cl. Feb. 14, 2013). While the majority of the decision and analysis concerned the standards for determining service-disabled veteran-owned small business (“SDVOSB”) status, this case is also noteworthy on due process grounds. Miles Construction, LLC… What Is A Claim?March 12, 2013 Under the Contract Disputes Act, what is necessary to make a “claim”? The statute has three simple requirements, but the U.S. Court of Federal Claims tried to add additional requirements. In Northrop Grumman Computing Systems, Inc. v. United States, No. 2011-5124 (Fed. Cir. Feb. 19, 2013), the Federal Circuit made it clear that there are only three requirements for stating a claim,… New 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… 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… 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.… 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… Congress Acts in the 13TH Hour to Avert the CliffJanuary 7, 2013 Congress reached a compromise on the tax aspects of the fiscal cliff in the American Taxpayer Relief Act of 2012 (the “Act”), which was passed by Congress on January 1, 2013 and signed into law on January 3, 2013, by President Obama. How does this compromise impact you? The Act made permanent the existing rate structure, but increased rates for individuals earning over certain thresholds. … Update: Court Sides with VA’s Interpretation that Veteran-Owned Small Business Set-Asides Are Not Necessary Before Ordering Off the Federal Supply ScheduleJanuary 3, 2013 In a recent decision, Kingdomware Technologies, Inc. v. United States, No. 12-173C (Fed. Cl. Nov. 27, 2012), the Court of Federal Claims held that under the Veterans Benefits, Health Care, and Information Technology Act of 2006, 38 U.S.C. §§ 8127-8128 (“the VA Act”), the Department of Veterans Affairs (VA) may purchase goods/services off the Federal Supply Schedule (FSS) using… DCAA Audit Backlog - You Can\'t Always Get Your Contract Closed OutJanuary 2, 2013 As you probably know, the Defense Contract Audit Agency (DCAA) has an incredible backlog of incurred cost audits. While they’ve been tackling this backlog through a 2012 initiative that focuses on high dollar value incurred costs (or incurred costs that, for some other reason, are considered “high risk”), Congress doesn’t think the process is working – or at least not fast enough. Incurred… |
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