Government Contracts MonitorSee-Saw: The Number Of Appeals May Be Down, But Contractor Success Is On The RiseNovember 14, 2018 The Armed Services Board of Contract Appeals (ASBCA) released its annual report last month, describing its case activity for FY 2018. Interestingly, of the 139 cases decided on the merits, the Board agreed with the contractor/appellant 69 percent of the time. And that’s not all. In most of the 420 cases dismissed by the Board the case was disposed of because the parties had reached a settlement,… Federal Circuit Overrules COFC's "Narrowly Targeted" Review Standard; Corrective Action Challenges Just Became a Lot HarderNovember 7, 2018 As we have discussed, a significant percentage of bid protests end up in an agency taking some form of corrective action, either entirely voluntarily based upon the agency’s internal assessment, or as the result of external pressures – formal or informal – from the Government Accountability Office (GAO), the Department of Justice or a Court. A critical issue in such situations is the scope of the… FAR Change Clarifies that Offerors (Including Joint Ventures) Must Register in SAM Before Submitting OffersNovember 4, 2018 The Federal Acquisition Regulation (FAR) has been amended to make clear that offerors, including joint ventures, must be registered and active in the System for Award Management (SAM) prior to submitting bids or offers responding to Federal Government solicitations. Such registration includes completing the standard annual Representations and Certifications (Reps & Certs) required by most… Short Take - Minimum Wage Increases to $10.60, Effective January 1, 2019October 24, 2018 The Department of Labor (DOL) recently published a Notice [83 Fed. Reg. 44906 (9/4/18)] announcing that, effective January 1, 2019, the minimum hourly wage required to be paid to workers performing work on or in connection with covered federal contracts, per Executive Order 13658, will increase from the present $10.35 to $10.60. The minimum hourly tipped wage will increase from $7.25 to $7.40. By… The Cardinal Change - A Dramatic But Important RemedyOctober 17, 2018 All experienced government contractors know that it is often impossible to predict (and therefore to price), the wide range of risks involved in performing federal government contracts. When a dramatic change occurs, it can sometimes be compensable as a cardinal change - a change that occurs when a contractor is directed to perform additional work beyond the scope of the contract. Case in point: … Are there Cybersecurity Risks in Your Supply Chain?October 9, 2018 By now we all know that the Federal Government has dramatically increased its efforts to reduce threats to cybersecurity: witness a case in the Court of Federal Claims (COFC) where the Social Security Administration (SSA), in acquiring new printers, was determined to avoid supply chain risks it suspected were present in a bidder’s offer. The bidder protested, but the COFC agreed with the agency.… OFCCP On the Move ...October 4, 2018 On September 7, 2018, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued 750 courtesy scheduling letters to federal government contractors, notifying them that their affirmative action plans (AAPs) could be audited. The OFCCP published the list of federal contractors that received this “courtesy”. The letters let contractors know, 45 days in advance, that… The "Close at Hand" Rule Applies to Past Performance, but Not Technical MattersSeptember 19, 2018 Sometimes, offerors leave important information out of their proposals in the mistaken belief that agency evaluators already know—and will take into account--the facts in question. In other cases, disappointed bidders who think their ratings are too low rely on similar thinking and argue point to the agency’s supposed knowledge and argue that it improperly failed to take that information into… Short Take: Fall Is the Season for Halloween, Thanksgiving, and OFCCP AuditsSeptember 13, 2018 In addition to changing leaves and cooler temperatures, some federal contractors will soon also face Affirmative Action Plan (“AAP”) audits by the U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”). Last week, the OFCCP sent out 750 Courtesy Scheduling Announcement Letters (“CSAL"s) to notifying specific federal contractors that they had been selected to… Sometimes Less Than Complete Information Is Enough, but Don't Count on ItSeptember 6, 2018 As a general rule (and best practice), offerors should always strive to ensure their proposals provide complete and accurate information that strictly complies with the solicitation requirements--and gives the procuring agency what it needs to make a favorable award decision. To do otherwise is to flirt with an agency determination that the proposal is nonresponsive or otherwise insufficient. In… When it Comes to the 90-Day Window to Appeal a Final Decision, Don't Play With Fire or You Might Get BurnedAugust 30, 2018 The Contract Disputes Act provides 90 days to appeal a Contracting Officer decision to the appropriate authority. While that might seem like a long window, it is one that must be given the utmost attention because missing it robs the Board of its jurisdiction over the matter. The decision in Aerospace Facilities Group, Inc., ASBCA No. 61026 (“Aerospace Facilities”) provides a good reminder of… Pay Attention to What the Solicitation SaysAugust 23, 2018 The recent decision in Distributed Solutions, Inc., B-416394 (August 13, 2018) serves as another reminder of the importance of strict adherence with all solicitation requirements. Just as contract interpretation strives to ensure that every provision in the agreement is given meaning, an offeror’s review of--and response to--a solicitation cannot ignore any of its terms. In Distributed Solutions,… |
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