Government Contracts MonitorProcurement News and AnalysisClarify Ambiguities or Face the ConsequencesSeptember 30, 2014 Crafting winning proposals can be a tricky business, even when you think you understand the requirements set forth in the solicitation. The recent decision by the Government Accountability Office (GAO) in VSE Corporation, B-408936.5 (August 25, 2014), serves as a reminder that, if there is any ambiguity at all, it’s always better to ask questions and clarify your understanding than to pick… Short Take: What Should Contractors Be Paid?September 23, 2014 The Bipartisan Budget Act of 2013 (the Act), enacted Dec 26, 2013, sets a ceiling of $487,000 per year on the amount the Government will reimburse a contractor for employee compensation on both defense and civilian agency contracts. This ceiling is to be adjusted each year to reflect the change in the Employment Cost Index for all workers, as calculated by the Bureau of Labor Statistics (BLS).… Short Takes: Treasury Lowers the Prompt Payment Act Interest RateJuly 8, 2014 On Tuesday July 1, 2014, the Treasury Department announced that the Prompt Payment Act interest rate has been reduced to 2.0% per annum for the period of July 1, 2014, and ending on December 31, 2014. 79 Fed. Reg. 37391. This interest rate is used to calculate the penalty paid by the government when it fails to timely pay contractors for goods and services. With this… The Rule of Two – Is It Used to Fulfill or Define Small Business Participation Goals?June 16, 2014 In the past few months the Federal Circuit has issued several decisions regarding the Rule of Two. The initial decisions arose in the context of Job Corps Center (JCC) operations contracts – addressing whether or not the Department of Labor (DOL) could use the Rule of Two over and over again to set aside an unlimited number of JCC operations contracts for a tiny group of small businesses,… Our Unsustainable Fiscal Path – DoD Makes the High Risk ListMay 29, 2014 Each year the Secretary of the Treasury, in coordination with the Director of OMB, is required to submit an audited financial statement for the U.S. government to the President and Congress. GAO is required to audit these statements. The Financial Report of the U.S. Government for FY 2013, issued by the Comptroller General, provides a comprehensive overview of the government's… Tips on Effectively Engaging with Potential Government CustomersMay 27, 2014 One of the most interesting parts of the recent Montgomery County Chamber of Commerce GovConNet Procurement Conference was hearing from government procurement professionals and successful contractors about what works (and what doesn’t) when marketing to federal agencies. During the Centers for Medicare and Medicaid Services (CMS) Panel, Brian Hebbel, the Director of the Division of Quality… False Claims Act Relators Get A Piece Of The Action, Even After The Government Tries To Cut Them OutMay 16, 2014 It is standard under the False Claims Act that if the government takes over a relator’s claims and later gets a recovery on the claim, the relator is entitled to a percentage of the recovery. 31 U.S.C. § 3730(d)(1). In United States ex rel. Norman Rille v. PricewaterhouseCoopers LLP, et al., No. 11-3514 (8th Cir. April 10, 2014), the federal government… Update: DOD Issues Final Rule on Detection and Avoidance of Counterfeit Electronic PartsMay 13, 2014 On May 6, 2014, the Department of Defense (DoD) issued a final rule on the Detection and Avoidance of Counterfeit Electronic Parts. The final rule includes several substantive changes from the proposed rule (which we discussed here), to address a number of industry concerns. The final rule, like the proposed rule, shifts the burden of detecting counterfeit parts from the Government to the… Late Proposal: GAO Takes an Equitable Rather than Technical ApproachMay 6, 2014 Generally, a proposal received after the deadline for receipt may not be considered for award: “Offerors are responsible for submitting proposals, and any revisions, and modifications, so as to reach the Government office designated in the solicitation by the time specified . . . .” FAR 15.208(a). The late proposal rule alleviates confusion and ensures equal treatment of offerors. GAO… Proposed Rule Would Expand Personal Conflicts of Interest LimitationsApril 29, 2014 On April 2, 2014, the FAR Councils issued a proposed rule implementing a section of the FY2013 National Defense Authorization Act (NDAA) by expanding the limitations on contractor employee personal conflicts of interest to apply to contractor employees performing all functions that are closely associated with inherently governmental functions(not just acquisition functions) and to contracts for… Maria Contreras-Sweet Sworn-In as New SBA HeadApril 23, 2014 On April 7, 2014, Maria Contreras-Sweet was sworn-in and assumed her new position as the 24th Administrator of the U.S. Small Business Administration (SBA). Commenting on her Senate confirmation, President Obama stated that, in Contreras-Sweet, “the American people will have a fierce champion who understands what it means to start a small business and who has a proven track record of… Montgomery County Chamber of Commerce GovConNet Procurement ConferenceApril 10, 2014 On Friday, May 16, 2014, the Montgomery County Chamber of Commerce (“MCCC”) will hold its annual GovConNet Procurement Conference at the Universities at Shady Grove from 7:30 am to 3:00 pm. There will be matchmaking directly with the following federal agencies: Defense Logistics Agency (DLA) Food and Drug Administration (FDA) National Cancer Institute (NCI)/National Institutes of Health (NIH)… |
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