Government Contracts MonitorNot Every Apparent Evaluation Inconsistency Will Be Found UnreasonableApril 5, 2017 Many protests result from a perception of unfairness based on an agency action the protestor considers unreasonable. This certainly makes sense, as an unreasonable action or decision by the agency is one of the things that can lead the Government Accountability Office (GAO) to sustain a protest (assuming the protestor was prejudiced). Offerors must remember, however, that reasonableness is in the… Fair Pay and Safe Workplaces Regulations Nullified and Underlying Executive Order 13673 RevokedMarch 28, 2017 On Monday, March 27, 2017, President Trump signed House Joint Resolution 37, repealing and nullifying the Fair Pay and Safe Workplaces final rule issued last August, implementing President Obama’s Executive Order 13673 (Fair Pay and Safe Workplaces). As previously discussed here, this Resolution was passed by both Houses of Congress under the Congressional Review Act, 5 U.S.C. § 801 et seq.… Incumbentitis Strikes Again; Be Careful Out ThereMarch 22, 2017 We have commented before, here and here, about the importance of avoiding Incumbentitis, a particularly potent affliction that can fatally undermine a contractor’s efforts to win follow-on contracts. The recent decision by the Government Accountability Office (GAO) in Interactive Technology Solutions, LLC, B-413665.2, B-413665.3 (March 1, 2017) reminds us that the contagion is still at large… Short Take: GAO Issues Report on Contracting TrendsMarch 13, 2017 The Government Accountabilty Office (GAO) recently released its “Contracting Data Analysis: Assessment of Government-Wide Trends” report. As GAO notes, in fiscal year 2015 federal contracts for goods and services totaled over $430 billion, which represents almost 40 percent of the government’s discretionary spending. The new report identifies overall trends in contracting by defense and civilian… Agencies’ Shield of Discretion Is Not ImpenetrableMarch 13, 2017 As we have previously noted, here and here for example, the discretion granted to procuring agencies in connection with award decisions often poses an insurmountable barrier to protesters. Absent clear evidence the agency acted unreasonably, it can be virtually impossible to prevail. As the recent decision in Pitney Bowes, Inc., B-413876.2 (February 13, 2017) reminds us, however, agencies are not… Short Take: Hopewell Darneille to Present at DYNET 2017, Fairmont, WV -- April 13, 2017March 6, 2017 Hopewell Darneille, of the Firm’s Washington, DC office, will be a presenter at the eighth annual Dynamic Networking for Small Business (DYNET) Conference, a federal and prime contracting event in Fairmont, West Virginia, on April 13, 2017 at the Robert H. Mollohan Research Center. Mr. Darneille will co-present a workshop on “SBA’s NEW Joint Venture Rules,” with Melissa Loder, the principal… Congress Votes to Repeal Former President Obama’s Fair Pay and Safe Workplaces RegulationsMarch 6, 2017 On Monday, March 6, 2017, the U.S. Senate voted, 49-48 on a straight party-line vote, to join the U.S. House of Representatives in repealing the Fair Pay and Safe Workplaces final rule issued last August, implementing President Obama’s Executive Order 13673 (Fair Pay and Safe Workplaces). Assuming President Trump signs the joint repeal resolution in the coming days, which appears highly likely in… Don’t Overlook New Privacy Training RequirementsFebruary 28, 2017 During the end of year crush, some contractors may have missed the December 20, 2016 publication of a final rule requiring contractors whose employees have access to a system of records or handle personally identifiable information (PII) to provide privacy training to those employees. The new rule, which took effect January 19, 2017, provides guidance to contractors concerning the required… Information on Your Employees’ Electronic Devices Might Not Be Secure at the BorderFebruary 22, 2017 The recent spate of news stories describing travelers seeking to enter the U.S. being stopped at the border and forced to hand over their phones and laptops has caused a great deal of concern among pro-immigration and civil liberties advocates. But they are not the only ones who need to pay attention. For green card and visa holders, many of whom are already scared to travel outside the U.S. for… Short Take - VA Increases SDVOSB/VOSB Program Eligibility to Three (vs. Two) Years Before Requiring ReverificationFebruary 20, 2017 One of the biggest complaints about the Department of Veterans Affairs (VA)’s programs for Veteran-Owned Small Businesses (VOSB) and Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) has been that program eligibility, granted on the basis of an exhaustive process, was valid for only one, and subsequently two, years, before having to be reestablished through an intensive reverification… 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… Don’t Assume: What Does the Solicitation Actually Say about Past Performance?February 14, 2017 Most contractors know that the consideration of past performance is an integral part of the Government’s approach to proposal evaluation. All too often, however, offerors proceed with teaming agreements and proposal preparation based on assumptions about the specific approach the Government will take – only to learn too late that that assumption was wrong. The recent Government Accountability… |
|
© 2025 Jackson Kelly PLLC. All Rights Reserved.