Government Contracts Monitor

<center>New Year’s Resolutions, 2017</center>

January 3, 2017

Reassess Your Size Status, Update Your DSBS and SAM Listings, Check Your Past Performance Ratings, and Update Your Employment Policies, Handbooks and Postings

Happy New Year! The start of a new year is a time for New Year’s Resolutions.  Here are several we strongly urge you to follow-through on early in 2017.

        1.    Reassess Your (and Any Subcontractors’) Small Business Size Status: Most companies…

Happy Holidays!

December 27, 2016

Short Take: New Year, New Regulations—What Contractors Need to Know About Paycheck Transparency

December 20, 2016

Although there is still some uncertainty as to which of President Obama’s many Executive Orders will be implemented once the Trump administration is in place, there are a few regulations that will take effect before the inauguration, and for which contractors therefore need to prepare.  One such requirement, regarding paycheck transparency for government contract employees, is set to take effect…

GAO Bid Protests – FY16 Protest Statistics (Sustains at 22.56% & Overall Effectiveness at 46%) and a Look Ahead

December 20, 2016

The Government Accountability Office (GAO) last week issued its Annual Report to Congress on bid protests during Fiscal Year 2016 (FY16 (10/1/15-9/30/16)).  As expected, the total number of bid protests filed continued to increase, reaching a new post-2001 high of 2,789 protests – up 6% from FY15 (but still well below the pre-FASA highs in the late 1980s – early 1990s).  GAO closed 2,734 protests…

Short Take: New Contracting Opportunities on GSA Schedule 70

December 14, 2016

Jackson Kelly recently reported on the General Services Administration’s (GSA) solicitation for four new Special Item Numbers (SINs) under GSA’s Schedule 70, which covers IT services. Awards under these new SINs are well underway. GSA has again expanded Schedule 70’s reach, this time by adding Adobe’s data-centric security and electronic signature solutions to Schedule 70. The agency has…

Draft 2017 NDAA: Some Highlights

December 14, 2016

Following months of uncertainty and debate, the House and Senate have both approved the draft 2017 National Defense Authorization Act (NDAA), funding the Defense Department through the end of fiscal year 2017 (FY17).  The FY17 NDAA contains a number of significant provisions that promise to impact government contractors in significant ways. This article discusses several of them.

Section 217 of the…

Short Take: GAO Issues Report on the Use of Multidisciplinary Teams in IT Procurements

December 6, 2016

GAO recently released a 93 page report on the challenges that federal agencies face in procuring Information Technology (IT). According to the report, the federal government will spend more than $89 billion on IT procurements in Fiscal Year 2017. Where possible, the Office of Management and Budget (OMB) has urged agencies to develop and use Integrated Procurement Teams (IPTs) to assist in IT…

GAO’s Jurisdiction Over Task Order Protests, Revisited

December 6, 2016

At the beginning of the fiscal year, Jackson Kelly reported on the expiration of GAO’s jurisdiction to hear protests based on task order awards over $10 million by civilian agencies. GAO’s jurisdiction over civilian agency Task Orders was initially conferred in 2008 and reinstated in 2012. In 2012, Congress established a sunset date of September 30, 2016, for GAO’s jurisdiction over these Task…

Don’t Invoice the Government for What You Haven’t Done

November 29, 2016

Last week, the Department of Justice (DOJ) announced that it had reached a settlement with Bechtel National Inc., Bechtel Corp., URS Corp. (predecessor in interest to AECOM Global II LLC) and URS Energy and Construction Inc. (now known as AECOM Energy and Construction Inc.). In the press release, DOJ announced that the contractors have agreed to pay $125 million to resolve allegations under the…

It’s Not Over Until It’s Over: Extending Solicitation Deadlines

November 29, 2016

As experienced government contractors well know, submitting a proposal after a solicitation has closed is a bad idea. One of the first lessons contractors, and agency personnel, learn is that “late is late,” period.  GAO has consistently and repeatedly reinforced this tenet. The Agency, however, does have latitude in adjusting a due date.  This often occurs when a solicitation is amended or…

The Government Contracts Monitor is taking this week off for the holiday, but we’ll be back next week. In the meantime, have a Happy Thanksgiving!

November 22, 2016

Even for a Fixed Price Contract, Valid Price Realism Analysis Requires Logical Reasoning

November 15, 2016

The Federal Acquisition Regulation (FAR) generally does not require a price realism analysis in the context of a fixed price contract. Instead, the agency is merely required to determine that the offered price is fair and reasonable (i.e. not too high). However, if the government exercises its discretion to conduct a price realism analysis (to evaluate whether the proposed prices are too low),…