Government Contracts MonitorChanging Key Personnel After Proposal Submission? Not So Fast....February 6, 2019 As the GAO recently determined, and the Court of Federal Claims affirmed, an offeror who finds itself in a position of having to modify key personnel specified in its proposal, after the deadline for proposal submission, may end up with an unacceptable proposal. If an agency notified offerors that it might award without discussions, an offeror will not be able to "re-open" the proposal process to… Prompt Payment Act & Contract Disputes Act Interest Rate Increased to 3.625%, Effective 1/1/19January 31, 2019 The Treasury Department has announced that the Prompt Payment Act (“PPA”) interest rate increased to 3.625% per annum for the first half of 2019 – i.e., January 1, 2019 through June 30, 2019. This interest rate is used to calculate the interest penalty payable by the Government when it fails to timely pay contractors for goods and services, as well as interest due under the Contract Disputes Act… Diligence Pays in Timeliness of ProtestJanuary 23, 2019 Sometimes diligence on the part of a disappointed offeror pays off. An instance where diligence was rewarded was addressed recently by the General Accountability Office in the Miltope protest, decided January 8, 2019. Miltope protested its exclusion from the competitive range under a request for proposals (RFP) issued by the Department of the Army for multipurpose automatic test equipment,… New Statute Extends Small Business Size Standard Reference Period to Five (from Three) Years, Enabling More Companies to Qualify as SmallJanuary 17, 2019 In December 2018 – just before Christmas – the Senate approved, and the President signed into law, the so-called “Small Business Runway Extension Act of 2018,” Pub. L. No. 115-324 (the “Act” or “statute”). This statute extends the three-year reference period for calculating a revenue-based small business’s size status to five years. This Act was intended – as implied by its name – to extend the… JK Attorneys to Present Free Webinar on Current Trends in Employment & Labor Law Next Friday, 1/25/19, and Separately Have Published a "Look Ahead" at the Coming Year.January 17, 2019 You are cordially invited to attend a free Seminar on “Trends in Employment and Labor Law,” which will be presented next Friday, January 25, 2019, beginning at 9:00 a.m. CST. The live Seminar will be held at the Tropicana Evansville in Evansville, Indiana, and will be available by Webinar and phone for those unable to attend in person. Topics covered will include Conducting Gender Pay Audits to… Government Contracts MonitorJanuary 17, 2019 New Statute Extends Small Business Size Standard Reference Period to Five (from Three) Years, Enabling More Companies to Qualify as Small In December 2018 – just before Christmas – the Senate approved, and the President signed into law, the so-called “Small Business Runway Extension Act of 2018,” Pub. L. No. 115-324 (the “Act” or “statute”). This statute extends the three-year reference period for… So Long, Farewell, Goodbye, to Low Price Technically AcceptableJanuary 9, 2019 The Department of Defense (“DoD”) recently proposed a new rule (click here) that would restrict the use of the lowest price technically acceptable (“LPTA”) source selection method. The rule will apply to FAR Part 15 negotiated procurements, Federal Supply Schedule orders, commercial item acquisitions, simplified acquisitions, and orders against multiple award indefinite delivery contracts. The… New Year's Resolutions, 2019 - Reassess Your Size Status, Update Your SAM and DSBS Listings, Check Your Past Performance Ratings, and Update Your Employment Policies, Handbooks and PostingsJanuary 2, 2019 Happy New Year! The start of a new year is the time for New Year’s Resolutions. Here are several we strongly urge you to follow-through on early in 2019.
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 and… Here We Go Again - Another Possible Federal Government Shut-Down - Actions to Take NowDecember 20, 2018 As recently as yesterday morning, I had shelved this article for at least a couple of more months. However, developments yesterday significantly increased the likelihood of a partial Federal Government shut-down at midnight tonight, causing me to resurrect and publish this today. As you no doubt know, President Trump has been threatening a possible shut-down since last year if he does not get his… Release of Proprietary Information - Tainted Procurement?December 11, 2018 What happens when a competitor receives proprietary information during a procurement? Will an offeror whose information has been improperly disclosed succeed in a protest? The answer is . . . it depends. Most recently, in DynCorp International, LLC, the Court of Appeals for the Federal Circuit held that an agency had a reasonable basis for not disqualifying a competitor that had received… GAO Bid Protests - FY18 Protest Statistics (Overall Effectiveness at 44%; Sustains at 14%), and a Look AheadDecember 2, 2018 The Government Accountability Office (GAO) last week issued its Annual Report to Congress on bid protests during Fiscal Year 2018 (FY18; 10/1/17-9/30/18). The total number of bid protests filed (including supplemental protests, cost claims & reconsideration requests) increased marginally by less than 1% (2,607 vs. 2,596 protests in FY17 – an increase of 11 protests). GAO closed 2,642 protests… The Challenge in Challenging A CICA Override - Know Your FactsNovember 28, 2018 Under the Competition in Contracting Act’s (CICA’s) automatic stay, agencies, upon receiving notice that the award is being protested, must “direct the contractor to cease performance under the contract and to suspend any related activities that may result in additional obligations being incurred by the United States under that contract.” 31 U.S.C. § 3553(d)(3)(A)(ii)(2). Although CICA gives the… |
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