Government Contracts MonitorContracting Rules and RegulationsASBCA Provides Additional Guidance on Contract Extensions under FAR 52.217-8May 6, 2013 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,… Better Late Than Never! Proposed Rule Amends FAR to Finally Implement New SBA Protest ProceduresApril 2, 2013 The FAR Council recently issued a proposed rule to amend the Federal Acquisition Regulation (FAR) to implement the Small Business Administration’s (SBA) revisions to its small business size and status protest and appeal procedures. Although SBA’s revisions to its protest and appeals procedures are not new – they were issued over 2 years ago – the amendments to the FAR are necessary to… Nondisplacement of Qualified Workers Under Service Contracts: One of President Obama’s First Executive Orders Finally Gets TeethJanuary 11, 2013 As we reported previously, one of the first Executive Orders issued after President Obama took office in 2009 related to a contractor’s or subcontractor’s ability to hire new employees when a contract to provide services to the Federal Government expires and a new contract for the same services is awarded to a different contractor. Executive Order 13495, Nondisplacement of Qualified… WARN Notices and SequestrationNovember 15, 2012 Over the last several months and right up through the recent election, there has been much public discussion about possible sequestration and its automatic and severe budget cuts to defense and domestic federal spending that are supposed to take effect January 2, 2013. Given the uncertainty surrounding these billions in potential federal budget cuts and their possible effect on large… Employee “Morale” Costs Under the FAR – “Lunch Wagons” are OK but a $10,000 Holiday Party with a Jazz Ensemble is NotNovember 9, 2012 The Armed Services Board of Contract Appeals (ASBCA) recently ruled on an appeal of a decision by the Defense Contract Management Agency (“DCMA”) regarding allowable costs under the FAR. Although the case involves a relatively small amount of money, it is instructive regarding the types of indirect costs that are allowable and chargeable to the Government. In Thomas Associates, Inc., ASBCA… ASBCA Agrees: Not All Contract Extensions Are Created EqualOctober 16, 2012 In the recent decision of APAC-Southeast, Inc. n/k/a Oldcastle Southern Group, ASBCA No. 58057 (Sept. 27, 2012), the Armed Services Board of Contract Appeals (ASBCA) expressly adopted the Federal Circuit’s interpretation of FAR 52.217-8 and 52.217-9, two standard clauses providing for contract extensions in holding that the Government may extend services under the fixed price of the contract even… Talk To Me: The Cone of SilenceOctober 8, 2012 It still comes as a surprise to some contractors that the Government is not required to talk with them about their proposal and, even when it does, that it is not required to have the same conversation with them as it does with their competitors. This is particularly true in FAR Part 8 procurements under a GSA Federal Supply Schedule. So, don't be surprised if the Government won't… Be Careful Out There: Contractor Suspensions and Debarments Are on the RiseOctober 2, 2012 The Government’s continued emphasis on rooting out fraud, waste and abuse appears to be paying off, at least in terms of the increased number of contractors being identified as ineligible for federal government contracts. According to a new report touted by Office of Federal Procurement Policy Administrator Joe Jordan, suspensions and debarments of contractors that violate federal contracting… Effective Immediately: Prime Contractors Must Accelerate Payments to Small Business SubcontractorsSeptember 25, 2012 A new FAR clause at 52.232-99 requires prime contractors, upon receipt of accelerated payments from the Government, to pay small business subcontractors on an accelerated timetable to the maximum extent practicable. This clause is effective immediately, and Contracting Officers are instructed to insert this clause in all new solicitations and resultant contracts and, to the extent feasible,… Recent Decision Reiterates Rule: Only One NAICS Code Per Set-AsideSeptember 20, 2012 A recent case provides a helpful reminder that small business set-asides generally must be tied to a single NAICS code. In NAICS Appeals of: edCount, LLC, SBA No. NAICS-5396 (Aug. 31, 2012), the Department of Education had published a synopsis of a small business set-aside citing two NAICS codes: “Codes of 541720 - Research and Development in the Social Sciences and Humanities [$7 million]… A Government Contractor Gets “Snowed” at the CBCA for $100,000September 18, 2012 We all know it is very difficult to predict the weather. A government contractor learned that lesson the hard way -- the Civilian Board of Contract Appeals (CBCA) recently decided that even though a government contractor performed over $100,000 in snow removal from a government facility, in a year in which the snow fell at three times the average rate, the Government would not pay for it because… Is The Higher Price Justified? GAO Again Weighs In On Price/Technical TradeoffsSeptember 11, 2012 A recent GAO case confirms the Government’s obligation to perform proper price/technical tradeoffs in best value procurements. In J.R. Conkey & Associates, Inc. dba Solar Power Integrators, B-406024.4 (Comp. Gen. Aug. 22, 2012), the Government’s price/technical tradeoff analysis included only the three proposals with the highest technical scores. The Government did not consider… |
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