Government Contracts MonitorProcurement News and AnalysisFaulty Corrective Action Triggers Government Liability for Protester’s Legal FeesJuly 13, 2015 The Court of Federal Claims recently awarded legal fees to a protestor who successfully challenged the government’s irrational corrective action – action taken in connection with a prior protest – because the government’s position was not “substantially justified.” WHR Group Inc. Opinion. As set out in WHR Group, Inc. v. United States, the FBI’s planned corrective action “took a wrong… Short Take: More DoD Guidance on Cost AnalysisJuly 6, 2015 The Department of Defense just revised its policies and procedures for estimating and analyzing costs for DoD procurements. The 39-page instruction includes guidance on the scope and timing of cost estimates and encourages DOD officials to think about efficiency, cost-effectiveness, and acquisition strategy while conducting their cost analyses. According to DoD, “Independent and sound cost… Short Take – OPM’s Data Security Issues Are Making Background Check Backlog WorseJuly 6, 2015 In the wake of the massive data breaches that recently hit the Office of Personnel Management (OPM), the hacked agency took its Web-based platform for submitting background investigation forms offline until a security flaw can be fixed. The system, known as e-QIP, is expected to be down for four to six weeks while a patch is put in place. OPM processed roughly 1.2 million background… Get Ready Women -- WOSB Sole-Source Awards Get CloserJune 8, 2015 As previously discussed here, the National Defense Authorization Act for Fiscal Year 2015 (the Act), made two important changes for Women-Owned Small Businesses (WOSBs). First, the Act authorized certain sole source awards to WOSBs, and second, the Act deleted the prior authorization for WOSBs to self-certify their status and eligibility for award. The Small Business Administration (SBA) has now… Short Take: GSA OIG Report Touts Success in Detecting FraudJune 8, 2015 The General Services Administration (GSA) Office of Inspector General (OIG) recently released its semiannual Report to the Congress detailing its efforts and successes in the important work of detecting fraud and mismanagement within the GSA’s programs and operations. The report, which is required, covers the period between October 1, 2014 and March 31, 2015. During this period, the… Sometimes You Have to “Destroy” Your Company in Order to Sell ItJune 1, 2015 As the Government’s interest in information security steadily grows, many contractors are learning to comply with a dizzying array of data security requirements. Contractors expect to see even more data security rules and are gearing up to respond to the expected challenges. But many contractors have not given much thought to how the Government’s information security requirements… Short Take: Employee Labor Rights Must Be PostedMay 22, 2015 In an opinion issued May 7, 2015 in Nat'l Ass'n of Mfrs. v. Perez, D.D.C., No. 1:13-cv-01998, the District Court for District of Columbia rejected various challenges to the Department of Labor (DOL) regulation requiring nearly all federal contracts to post workplace notices informing their employees of their rights under the National Labor Relations Act (NLRA)(the "Posting… Congress May Rip RIP if DOD Doesn’t Get RippingMay 18, 2015 The General Accountability Office’s recently issued report, DOD RAPID INNOVATION PROGRAM Some Technologies Have Transitioned to Military Users, but Steps Can Be Taken to Improve Program Metrics and Outcomes, highlights the long-standing challenges facing the Department of Defense in ensuring that "high value technologies are mature and available for military users" and recommends improvements to… 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… Short Take - National Dialogue to Reduce Reporting Compliance CostsApril 27, 2015 The Chief Acquisition Officers Council, in conjunction with the General Services Administration (GSA) and Department of Health and Human Services, have announced a new national dialogue to discuss ideas on how to reduce the costs associated with reporting compliance under Federal awards, including contracts, subcontracts, grants, subgrants and cooperative agreements. This new dialogue will be… Everything You Always Wanted to Know about the Model Procurement Code but Were Afraid to AskApril 7, 2015 Eric Whytsell of Jackson Kelly’s Government Contracts Group will be moderating a panel on “Everything You Always Wanted to Know about the Model Procurement Code but Were Afraid to Ask” at the upcoming American Bar Association’s 10th Annual State and Local Procurement symposium, to be held April 23 – 24, 2015, in Philadelphia, Pennsylvania. The presentation will cover the Model Procurement… Long-Awaited Limits on Lowest Price Technically Acceptable ProcurementsMarch 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… |
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