Government Contracts MonitorMilitary BasesDepartment of Justice Gives False Claims Act Defendants New HopeFebruary 6, 2018 Two recently-issued Department of Justice (DOJ) memoranda spell significant changes in the enforcement – that is, lighter enforcement – of the False Claims Act (FCA). Specifically,
Short Take: Evaluating Price Realism is the Exception, Not the Rule, in Firm Fixed Price ProcurementsFebruary 14, 2017 Price evaluations in federal contracts can be a tricky subject. It is easy to confuse the concepts of price reasonableness with price realism. In a fixed price procurement, an agency is only required to evaluate offers for reasonableness—whether the price is too high, and not for realism—whether the price is too low. The agency has broad discretion in its evaluation of proposals, and is… Short Take: Final Rule Increases Simplified Acquisition Threshold for Emergency ProcurementsJanuary 23, 2017 The Department of Defense (DoD), General Services Administration (GSA) and National Aeronautics and Space Administration (NASA) issued a Final Rule raising the acquisition threshold for Special Emergency Procurement Authority, modifying the Federal Acquisition Regulation (FAR) as required by the 2016 National Defense Authorization Act (NDAA-16). The rule raises the simplified acquisition… Draft 2017 NDAA: Some HighlightsDecember 14, 2016 Following months of uncertainty and debate, the House and Senate have both approved the draft 2017 National Defense Authorization Act (NDAA), funding the Defense Department through the end of fiscal year 2017 (FY17). The FY17 NDAA contains a number of significant provisions that promise to impact government contractors in significant ways. This article discusses several of them. Section 217 of the… The CPARS Process: Engage Early and OftenNovember 8, 2016 As federal contract dollars become more and more scarce, contractors must aggressively posture themselves to win contracts. Since past performance often plays a key role in source selection, a poor past performance rating can have far-reaching impacts. Fortunately, the Contractor Performance Assessment Reporting System (CPARS) process allows contractors to be actively engaged in ensuring that… Short Take: Final Rule Consolidates Hotline PostersNovember 2, 2016 Effective October 21, the Department of Defense (DOD) allows federal contractors to consolidate several Hotline Posters required for contracts exceeding $5.5 million that are not procured as commercial items under FAR part 12. The requirement also flows down to subcontractors. The Final Rule modifies DFARS Clause 252.203-7004 (Display of Hotline Posters). Before the Rule was published, this… Short Take: FAR Council Issues Final Rule on Contract Restrictions Based on Felony Convictions and Delinquent TaxesOctober 24, 2016 The Federal Acquisition Regulation (FAR) Council recently adopted its previously proposed restrictions on federal agencies’ ability to enter into contracts with corporations having a delinquent federal tax liability or a felony conviction under any federal law. The final rule, which took effect on September 30, 2016, establishes an outright prohibition against contracts where either of these… DoD Issues Final Rule on Cyber Incident Reporting for ContractorsOctober 18, 2016 The Department of Defense (DoD) recently issued its Final Rule outlining the mandatory cyber incident reporting requirements for DoD contractors and subcontractors, as well as other members of the Defense Industrial Base (DIB) (entities with grants, cooperative agreements, other transaction agreements, technology investment agreements, and any other type of legal instrument or agreement) doing… When an Offeror and the Government Both Overlook a Material Requirement, There’s Still Hope for an Unsuccessful OfferorSeptember 19, 2016 Task orders issued off ID/IQ contracts, like all government contract awards, must materially comply with the terms of the task order solicitation. The “material” terms of a solicitation are those terms affecting the “price, quantity, quality, or delivery of the goods or services.” Additionally, sometimes the terms of the underlying contract can be relied upon by a protestor to make its case that… Short Take: Uncertainty Remains Over 2017 NDAASeptember 13, 2016 As Congress returned to session last week, the only certainty with regard to the 2017 Defense budget is more uncertainty. A third attempt to vote on the Senate’s version of the bill was blocked last week by filibuster, despite the bill’s passing the bipartisan Senate Appropriations Committee several months ago. The House has passed its own version of the NDAA, but even if the Senate is able to… Short Take: DPAP Acquisition Scorecard, Third QuarterAugust 15, 2016 On August 11, the Office of the Undersecretary for Defense, Acquisition, Technology and Logistics (OUSD/ATL) released its Acquisition Compliance Scorecard for the third quarter of fiscal year 2016. The report analyzed several DoD Agencies’ compliance with procurement regulations in three areas: competition, past performance, and inclusion of the new DFARS clause 252.204-7012, Safeguarding Covered… Short Take: SBA Revises HUBZone Rules to Implement Changes in 2016 NDAAAugust 8, 2016 The U.S. Small Business Administration (SBA) recently announced a final rule making several amendments to the HUBZone Program designed to implement section 866 of the National Defense Authorization Act for Fiscal Year 2016 (2016 NDAA). Like Section 866 of the 2016 NDAA, the rule expands the HUBZone program to assist small businesses in disaster areas and base closure areas and provides equal… |
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