Jackson Kelly PLLC

Government Contracts Monitor

Responsibility

Corrective Action Must Consider Changed Circumstances

The Government Accountability Office (GAO) recently reiterated, in the corrective action context, that an agency cannot ignore changed circumstances, and that an award cannot stand where, as a result of interim developments, the awardee no longer intends to perform in a manner consistent with its proposal.  FCi Federal, Inc., B-408558.7, B-408558.8, August 5, 2015. 

In an earlier decision discussed…

How Low Can You Go? Doing the Limbo on Price

Last week the Government Accountability Office (GAO) sustained a protest where the solicitation called for award of a fixed-price contract, the protester’s quotes were very low, and the agency concluded that protester’s low prices created a risk of unsuccessful performance.  According to GAO this was a “no-no” since there was nothing in the evaluation criteria that put bidders on notice…

Changes to a Submitted Proposal Can Take You Out of the Running

Sometimes, circumstances force offerors to consider making changes to their proposal after it’s been submitted. In some cases, offerors decide they need to go so far as to alter their own structure to address a newly discovered problem. As the recent decision in Task Source/Military Personnel Services Corporation FEPP, LLC, B-411173.3 (July 8, 2015) shows, however, material changes to the offeror…

Suspension & Debarment: Administrative Agreements as Road Maps for Compliance

Most contractors have at least a general understanding that suspension and debarment should be avoided like the plague. Being found nonresponsible and, therefore, ineligible to do business with the government (or its prime contractors and subcontractors) would be a death knell for many companies. As many contractors know, however, you can challenge a notice of suspension and debarment -- and even…

Like It, or Not: An Agency Can Evaluate Your Performance Whether It’s Required or Not

We often hear complaints from contractors that have not received Past Performance Evaluations (PPEs), and for good reason.  PPEs are critical to a contractor’s ability to compete successfully for new government business.  It therefore is surprising to see a contractor complain – actually sue – when the government issues a PPE.  But that’s exactly what happened in a somewhat…

New Year’s Resolutions – Reassess Your Size Status, Update Your DSBS and SAM Listings and Check Your Past Performance Ratings

Happy New Year!  The start of a new year is a time for New Year’s Resolutions.  Here are several we strongly urge you to follow-through on early in 2015.

1.   Reassess Your (and Any Subcontractors’) Small Business Size Status:  Most companies operate on a calendar year for tax reporting purposes.  For such companies the start of a new tax year, and the end of the prior year, means a change…

If You See Smoke, Check for Fire

Given the FAR 9.103(b) mandate that “no purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility,” FCi Federal, Inc. (FCi) was surprised when the Department of Homeland Security (DHS) awarded a $210 million contract to FCi’s competitor, USIS PSD. Why? Because  the award came after a flurry of media reports containing allegations of…

Short Take: Changes to Agency Management of Software Licenses on the Horizon

Many companies licensing software to federal agencies have been frustrated by their government customers’ apparent inability to effectively manage their licensing efforts. Too often agencies either: (i) buy more licenses that they need and later ask for rebates or concessions because they “didn’t use the software”; or (ii) purchase too few licenses and exceed licensed usage limits, triggering a…

 

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