Government Contracts MonitorProcurement News and AnalysisNIST Releases Cybersecurity Framework Version 1.0February 20, 2014 On February 12, 2014, the National Institute of Standards and Technology (“NIST”) released the long-awaited Cybersecurity Framework Version 1.0. According to NIST, “The framework allows organizations—regardless of size, degree of cyber risk or cybersecurity sophistication—to apply the principles and best practices of risk management to improve the security and resilience… The Set-Aside Process Gone Wild – Will the Federal Circuit Reconsider?February 11, 2014 In 2012, the Department of Labor (DOL) dramatically increased the number of Job Corps Center (JCC) operator contracts set aside for small businesses. DOL made this decision based solely on “interest” from two or more small businesses. According to DOL, interest alone is enough to set aside – in this case nearly 80% of the JCC procurements, even though most of these JCCs have been… The Final Word? Suspension of Affiliates Is Worse Than You ThinkFebruary 4, 2014 We reported on the saga of two contractors suspended solely based on their affiliation with another company that had actually been indicted for overbilling the Government on subsistence contracts performed in the Middle East. At that time, having detailed the contractors’ travails, we suggested that the complete story had yet to be written. Barring an appeal to the United States Supreme… Final Report on Improving Cybersecurity through AcquisitionFebruary 4, 2014 The Department of Defense (DOD) and the General Services Administration (GSA) Joint Working Group on Improving Cybersecurity and Resilience through Acquisition recently issued the much-anticipated final report to the President. This report fulfills the requirements of Section 8(e) of Executive Order 13636 (previously discussed here), which sought recommendations from DOD and GSA on “the… Transition of Key Government Procurement PersonnelJanuary 23, 2014 The OFPP and the Navy recently transitioned two new procurement officials. Click through for more in-depth analysis on the new personnel. OFPP Administrator Joseph Jordan Departs; Deputy Administrator Lesley Feld to Serve as Acting Administrator: After five years of Government service – the most recent 18 months as OFPP Administrator – Joe Jordan has returned to the private… Short Takes: Treasury Raises the Prompt Payment Act Interest RateJanuary 13, 2014 On Friday January, 3, 2014, the Treasury Department announced that it is raising the Prompt Payment Act interest rate to 2.125% per annum for the period of January 1, 2014, and ending on June 30, 2014. 79 Fed. Reg. 424. The prior interest rate was set at 1.75%. The interest rate has not been over 2% since the second half of 2011, when the rate was 2.5%. Michael J.… Reverse Auctions – The Future of Government Contracting?December 17, 2013 On December 9, 2013, the U.S. Government Accountability Office released study GAO-14-108 entitled “Reverse Auctions – Guidance Is Needed to Maximize Competition and Achieve Cost Savings.” The study focused on the Departments of the Army, Homeland Security, the Interior, and Veterans Affairs and their use of reverse auctions to acquire predominantly commercial items and services, predominantly… SBA’s OHA Reaffirms that Prior Favorable Size Determinations Are Not Binding in Subsequent Size Protests.November 19, 2013 In a recent size appeal SBA’s Office of Hearings and Appeals (“OHA”) reaffirmed that prior favorable size determinations are not binding on either an Area Office or OHA in a subsequent case, and each size protest must be decided based upon the facts and circumstances of the particular protest. Hopefully, this ruling will put to bed the continuing notion of some contractors that they no longer… Remember: If SBA Delays in Deciding a Size Protest, It May Mean You Lose Even if You WinNovember 12, 2013 In the recent case of TrustComm, Inc., B-408456 (Comp. Gen. Sept. 20, 2103), the Government Accountability Office (GAO) provided another reminder that prevailing on a size protest before the Small Business Administration (SBA) may not alter the contract award if SBA’s size protest decision comes too late. The case involved a 100% small business set-aside for communications equipment for Coast… NASA Releases a Proposal Adequacy Checklist to Assist Contractors in Preparing Cost or Pricing Data SubmissionsNovember 5, 2013 On October 29, 2013, the National Aeronautic and Space Administration (NASA) issued a proposed rule incorporating a newly created “Proposal Adequacy Checklist” into the NASA FAR supplement (NFS). NASA intends for the rule to ensure that offerors submit thorough, accurate and complete proposals by self-validating the adequacy of those proposals and improve the quality of initial submissions. The… NIST Releases Preliminary Cybersecurity Framework and Seeks Public CommentsOctober 25, 2013 As previously reported here, President Obama issued an Executive Order on Improving Critical Infrastructure Cybersecurity which, among other things, directed the National Institute of Standards and Technology (“NIST”) to a develop a Cybersecurity Framework that would reduce cyber risks to the nation’s critical infrastructure. NIST recently released its Preliminary Cybersecurity… “Be Cautious With Emails” is Good Advice, Especially from a Criminal Defendant Under Arrest Who Allegedly Bribed a Navy CommanderOctober 24, 2013 In a recent case that received national media attention, a Commander and Captain-select in the U.S. Navy was arrested on an allegation of conspiracy to commit bribery in connection with lucrative port contracts overseas. The case is United States v. Leonard Glenn Francis and Michael Vannek Khem Misiewicz, No. 13-MJ-03457, United States District Court for the Southern District of California… |
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