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Contracting Rules and Regulations

What Price is the Government Paying? Federal Supply Schedule Pricing Procedures May Finally Be Changing

May 18, 2015

The comment period recently closed on a General Services Administration (GSA) proposed rule amending the GSA Acquisition Regulation (GSAR) to require vendors to report transactional data from orders and prices paid by ordering activities. Described as part of the ongoing move to improve federal purchasing through Government-wide category management (announced here and discussed here), the…

Combating Human Trafficking: Do You Know What Your Employees Did Last Summer?

May 11, 2015

On March 2, 2015, the Department of Defense’s Final Rule, "Federal Acquisition Regulation; Ending Trafficking in Person," available here (the Rule), became effective. Pursuant to the Rule, revised FAR 52.222-50, Combatting Trafficking in Persons, must be included in all contracts and solicitations. Although the Rule implements previous mandates, contractors must be aware of notably…

Willie Wonka at GAO: Everyone Gets to Compete on the Same Basis

May 4, 2015

Virtually every child of the 1970s or 80s will remember the scene from the classic movie, Willy Wonka and the Chocolate Factory, when Gene Wilder’s character, Willy Wonka, unilaterally changes the rules of competition for the factory, dashing endearing Charlie’s hopes and dreams. Justice is restored when Charlie stands up to Wonka and points out that he has been unfair. Hanel Storage…

Is that Noncompetitive Award Justified? Prove It!

May 4, 2015

On April 13, 2015 the Department of Defense (DOD) issued a Memorandum regarding "Noncompetitive Contracts Awarded Based on Urgency". The purpose of the memo is to restate the requirements for "preparing, obtaining approval, and posting justification and approval (J&A) documents for contracts awarded using the unusual and compelling urgency exception in accordance with FAR 6.3." A…

CICA Stays: You May Not Get What You Want, But You Can Get What You Need

April 27, 2015

What does an automatic stay under the Competition in Contracting Act (CICA) mean in the context of a pre-award protest? In Caddell Construction, the Court of Federal Claims told us: it’s a stay of the award. The government can continue to receive and evaluate bids during ongoing protests – it is only precluded from awarding a contract. Caddell Construction Co. LLC v. U.S., CFC…

Shield of Discretion Can’t Be Penetrated without Evidence of Unreasonableness

April 7, 2015

The government’s “discretion” can act as an impenetrable shield, protecting awards from challenge. When the applicable legal standard grants discretion to the government and the subject agency provides at least minimal reasoning for its actions, it can be virtually impossible to prevail on an appeal absent clear evidence the agency acted unreasonably. The recent decision in In re…

Long-Awaited Limits on Lowest Price Technically Acceptable Procurements

March 23, 2015

Relief is on the way. Over the past several years the alarming increase in the use of LPTA procurements has been criticized, particularly where the government might realize “best value” from an innovative, cost-effective solution. This criticism has now gained an important voice and concrete support in the form of new Department of Defense (DOD) policy guidance urging “limited” use of…

Learn from Pinocchio: Don’t Lie and Develop Your Own, Independent, Identity

March 17, 2015

Small businesses participating in the Small Business Administration’s (SBA’s) 8(a) Business Development Program (BD Program) would do well to recall the story of Pinocchio, the marionette who wanted to be a real boy. Pinocchio learned two important lessons: be self-reliant and don’t lie. Similarly, the petitioner in the recent The Desa Group, Inc., SBA No. BDPT-543…

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

February 16, 2015

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…

Getting Larger? You’re Not Automatically Ineligible for Small Business Task Orders

February 16, 2015

Most small business contractors know that growth past a certain point can adversely impact their ability to win new work from the Government. And this understanding is correct, as far as it goes. But, as the recent decision in Research and Development Solutions, Inc., B-410581; B-410581.2 (January 14, 2015), makes clear, it is important not to overstate the impact of becoming “other…

Small, Women-Owned? Congress Allows Sole-Source Awards, But No More Self-Certification

February 9, 2015

The recently-enacted National Defense Authorization Act (NDAA) for Fiscal Year 2015 (NDAA-15) includes two important changes for Women-Owned Small Businesses (WOSBs). First, the Act authorizes certain sole source awards to WOSBs, ending a long effort to bring the WOSB program in line with other socio-economic programs that have long authorized sole source awards. Second, the Act…

Changes to Limitations on Subcontracting

February 2, 2015

As reported in this blog back in March of 2013, the National Defense Authorization Act (NDAA) for Fiscal Year 2013 (FY13) made significant changes to the limitations on subcontracting for small business set-aside contracts. Now, twenty-one months later, the Small Business Administration (SBA) has proposed a new rule to implement those changes. While faithfully implementing the statutory…

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Contracting Rules and Regulations

What Price is the Government Paying? Federal Supply Schedule Pricing Procedures May Finally Be Changing

Combating Human Trafficking: Do You Know What Your Employees Did Last Summer?

Willie Wonka at GAO: Everyone Gets to Compete on the Same Basis

Is that Noncompetitive Award Justified? Prove It!

CICA Stays: You May Not Get What You Want, But You Can Get What You Need

Shield of Discretion Can’t Be Penetrated without Evidence of Unreasonableness

Long-Awaited Limits on Lowest Price Technically Acceptable Procurements

Learn from Pinocchio: Don’t Lie and Develop Your Own, Independent, Identity

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

Getting Larger? You’re Not Automatically Ineligible for Small Business Task Orders

Small, Women-Owned? Congress Allows Sole-Source Awards, But No More Self-Certification

Changes to Limitations on Subcontracting

What Price is the Government Paying? Federal Supply Schedule Pricing Procedures May Finally Be Changing

Combating Human Trafficking: Do You Know What Your Employees Did Last Summer?

Willie Wonka at GAO: Everyone Gets to Compete on the Same Basis

Is that Noncompetitive Award Justified? Prove It!

CICA Stays: You May Not Get What You Want, But You Can Get What You Need

Shield of Discretion Can’t Be Penetrated without Evidence of Unreasonableness

Long-Awaited Limits on Lowest Price Technically Acceptable Procurements

Learn from Pinocchio: Don’t Lie and Develop Your Own, Independent, Identity

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

Getting Larger? You’re Not Automatically Ineligible for Small Business Task Orders

Small, Women-Owned? Congress Allows Sole-Source Awards, But No More Self-Certification

Changes to Limitations on Subcontracting

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