Government Contracts MonitorProcurement News and AnalysisSelling Biobased Products to the Federal GovernmentFebruary 6, 2012 Government contractors (and, in particular, commercial companies) need to be aware of the Federal Government’s procurement-preference program for biobased products, called BioPreferred. Under section 9002 of the Farm Security and Rural Investment Act of 2002 (“FSRIA”), the Department of Agriculture (“USDA”) is responsible for leading this initiative. Under the BioPreferred program, the USDA… Recent GAO Decision Reveals That \"Name That Offeror\" Is Not Just a GameDecember 9, 2011 Every once in awhile there’s a Government Accountability Office (“GAO”) bid-protest decision that causes the reader to ask, “What was the protestor thinking?”. Integral Systems, Inc., Comp. Gen. Dec. No. B-405303.1 (Aug. 16, 2011), is just such a case. In Integral Systems, the GAO dismissed a protest filed by the parent corporation of the offeror because the offeror/subsidiary –…Obama Administration Encourages Increased Use of Suspensions and Debarments to Hold Contractors AccountableNovember 29, 2011 As part of the President’s Campaign to cut Fraud, Waste, and Abuse, the Office of Federal Procurement Policy (OFPP) has directed agencies to “ensure they are fully equipped to suspend and debar contractors and other recipients whenever necessary to protect the government’s interest.” The Administration believes that effective suspension and debarment programs play an important role in… New FCPA Guidance ComingNovember 17, 2011 Assistant Attorney General Lanny Breuer recently announced that in 2012, the Department of Justice will release detailed new guidance on the Foreign Corrupt Practices Act’s (FCPA) civil and criminal enforcement provisions. In simple terms, the FCPA prohibits bribery of foreign government officials. However, in practice, FCPA compliance is anything but simple. For example, it… Contractors Performing Acquisition Functions Must Prevent Personal Conflicts of InterestNovember 9, 2011 Effective December 2, 2011, contractors and subcontractors who are performing acquisition functions will be required to identify and prevent personal conflicts of interest of their employees and prohibit employees who have access to non-public information from using such information for personal gain. This Final Rule applies to certain contracts, as well as task orders and delivery… Exporters Beware: What You Don’t Know About Your Offshore Partners Can Hurt YouNovember 8, 2011 You may understand the financial rewards of selling goods and services abroad, but do you understand the risks? Whether you are dealing with an offshore partner, distributor or representative, there are proactive steps you should take to protect yourself against potential claims of violating the Foreign Corrupt Practices Act. Jackson Kelly attorney E. Leslie “Pete” Hoffman will speak… Jackson Kelly attorney authors West Virginia Chapter of the “Guide to State Procurement”October 19, 2011 Jackson Kelly attorney J. Eric Whytsell recently authored the West Virginia chapter of the American Bar Association’s “Guide to State Procurement: A 50 State Primer on Purchasing Laws, Processes and Procedures.” The publication includes information on purchasing laws at the state level along with information about procurement statutes and regulations, bid processes, bid protest procedures and… “Do Not Pay” List Coming in a Few MonthsOctober 7, 2011 Contractors who are not current on their federal taxes may not get paid by the Federal Government, once the new “Do Not Pay” List is up and online. The Treasury Department is expected to release its full “Do Not Pay” List within the next few months, according to a recent internet posting from the Office of Management and Budget. This List will integrate several… COFC Enjoins Corrective Action Based on GAO Attorney’s Pre-Decisional E-Mail that COFC Determines Was Wrong and Without a Rational BasisSeptember 29, 2011 In a recent case at the U.S. Court of Federal Claims (“COFC”) a protestor successfully challenged the procuring agency’s proposed corrective action terminating the protestor’s contract and re-opening the competition. The proposed corrective action was premised on a pre-decisional e-mail by a GAO attorney, falling short of actual “outcome prediction,” stating that it was… COFC Issues TRO Enjoining Contract Start-Up in Postal Service Reverse Auction CaseSeptember 28, 2011 In a recent case at the U.S. Court of Federal Claims Judge Hodges considered what happens when an on-line electronic reverse auction goes wrong and one of only two bidders is unable to see the other’s later low bid, and thus believed it was the winning bidder, only to later learn of the lower bid. The Postal Service’s answer was to deem the actual low bidder the winner, and to then…Agencies Rush to Obligate Federal Dollars Before September 30th - Sole Sources AboundSeptember 26, 2011 In a rush to obligate federal dollars before the end of the fiscal year, there have been a rash of solicitations issued using the simplified acquisition procedures brand name, sole or limited source authority. FAR 13.106-1(b). Contractors following opportunities on sites like www.fbo.govshould be careful to spot these procurements and to determine, as quickly as possible, whether… The Perils of Claims by Sureties against the United StatesSeptember 9, 2011 The United States Court of Appeals for the Federal Circuit recently ruled on a variety of legal issues in Lumbermens Mutual Casualty Co. v. United States, Nos. 2010-5086, -5087 (Fed. Cir. Aug. 3, 2011) involving a Miller Act surety’s claims against the United States. The Federal Circuit’s ruling highlights (i) the need to comply with Contract Disputes Act requirements; (ii) the limited… |
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