Government Contracts Monitor

If You’re Entitled to a Debriefing after Being Excluded from the Competitive Range, Don’t Delay

March 28, 2016

At first glance, the Government Accountability Office (GAO) rules concerning deadlines for filing bid protests may seem relatively straightforward. But looks can be deceiving. And, as a recent GAO opinion reminds us, following the timeliness rules requires careful attention to detail and a proactive approach to learning about – and acting to challenge -- the basis for the procuring agency’s…

Mind Your Q&As – Agency Answers May Resolve Ambiguities and Foreclose Potential Grounds for Protest

March 21, 2016

A recent article discussed the important difference between patent ambiguities obvious on the face of a solicitation and latent ambiguities that only come to light after contract award. A more recent decision of the Government Accountability Office (GAO) provides an important reminder that the Q&A process, which is meant in part to identify and resolve ambiguities in the solicitation, sometimes…

If You Develop Software for the Federal Government, You Need to Read the OMB’s Draft Federal Source Code Policy

March 21, 2016

On March 11, 2016, the Office of Management and Budget (OMB) published a Federal Register notice seeking public comment on a draft memorandum entitled, “Federal Source Code Policy — Achieving Efficiency, Transparency, and Innovation through Reusable and Open Source Software.’’ The notice explains that the Administration’s Second Open Government National Action Plan committed to adopting a…

Hopewell Darneille to Present at DYNET 2016, Fairmont, WV -- April 27, 2016

March 20, 2016

Hopewell Darneille, of the Firm’s Washington, DC office, will be a presenter at the seventh annual Dynamic Networking for Small Business (DYNET) Conference, a federal and prime contracting event in Fairmont, West Virginia, on April 27, 2015 at the Robert H. Mollohan Research Center.

Mr. Darneille will co-present a workshop on “Teaming, Joint Ventures, Subcontracting & Mentor-Protege Agreements in…

Mentor/Protege Agreements – When Does Yours Expire; More Traps for the Unwary!

March 14, 2016

Mentor-Protege Agreements (MPAs) are a hot topic right now, as we near the Small Business Administration (SBA)’s anticipated issuance of new regulations on a possible “universal” Mentor-Protege program that would extend SBA’s current 8(a) Mentor-Protege (M/P) rules (13 C.F.R. §124.520), to other socio-economic programs.  However, as we have discussed from time-to-time, the rules governing…

SBA’s Update of WOSB Set-Aside Industries Brings Mixed News

March 14, 2016

In addition to other changes previously noted, section 825 of the National Defense Authorization Act (NDAA) of 2015 required the Small Business Administration (SBA) to conduct a new study to identify the industries in which women-owned small businesses (WOSBs) are underrepresented in federal government contracting and report its findings to Congress. SBA’s March 3, 2016 Federal Register …

Short Take: Democratic Representative to Introduce Bill to Broaden CFIUS Review

March 14, 2016

Representative Rosa DeLauro (D – Connecticut) intends to introduce a bill before the 114^th Congress that will broaden the powers of the Committee on Foreign Investment in the United States (CFIUS), a United States government committee tasked to review business transaction that result in foreign ownership of US corporations.  At present, CFIUS is directed to review transactions to determine…

Deemed Denials: Contracting Officers Also Must Comply Strictly with Contract Disputes Act Timeliness Requirements

March 7, 2016

As we have discussed, contractors must pay careful attention to, and comply strictly with, timeliness and related submission requirements, whether in the claims or bid protests context. This is not a one-way street, however.  Government contracting officers also must comply strictly with such requirements.  The equal application of these principles is reflected in two recent decisions…

VA’s Rule of Two Applies to IDIQ Contracts

March 7, 2016

Most contractors are familiar with the “Rule of Two,” which in general requires acquisitions to be set aside if the government determines that there is a reasonable expectation that offers will be received by at least two small (or service disabled veteran-owned, etc.) business concerns and that award can be made at a fair and reasonable price. But what happens if the government determines that…

Eric Whytsell Will Be Speaking at the March Meeting of the NWV Chapter of the NCMA

March 6, 2016

At the March 14^th Meeting of the Northern West Virginia Chapter of the National Contract Management Association (NCMA), Eric Whytsell will be giving a presentation entitled, “Practical Answers to Key Protest Questions.” His talk will address the complex set of questions surrounding bid protests, questions that any contractor that has ever been -- or thought it might become -- a disappointed…

Magic Words Are Not Always Required to Fulfill Solicitation Requirements

February 29, 2016

Preparing a responsive proposal requires reading and understanding the solicitation requirements and then meeting them -- as clearly and unambiguously as possible. The most direct and least risky way to craft such a response is to adopt whatever method of compliance the solicitation suggests (or requires). But, as the recent decision in Penn Parking, Inc., B-412280.2 (February 17, 2016) makes…

How Well Do You Answer the Mail, and Are You Willing to Pay the Price of Failure?

February 29, 2016

We all know that time is of the essence in government contracting. Compliance with time deadlines is critical, and missing the same can cost you big time, whether in lost work, lost rights or worse.  A threshold issue is how you receive and respond to government communications, since it is receipt, whether by hand, mail, email or fax, that triggers your obligation to respond.  What procedures do…