December 2, 2014
Many government contractors and subcontractors ask the question, “What does ‘Buy American’ mean?” Unfortunately, Buy American refers to number of complex statutory and regulatory schemes that impose different requirements. One thing is certain, however: whether you are conducting business with the federal government directly, as a prime contractor, or indirectly, as a subcontractor,…
November 25, 2014
Contracting personnel are required to obtain approval of cost reimbursement contracts at least one level above the contracting officer. FAC 2005-50 states “the contracting officer shall document the rationale for selecting the contract type in the written acquisition plan and ensure that the plan is approved and signed at least one level above the contracting officer.” The documentation must…
November 25, 2014
Agencies are in the hot seat when it comes to protests. First, it’s the Contracting Officer’s (CO’s) job to prevent a protest from being filed and, second, if a protest is filed, it’s the CO’s job, working with agency procurement counsel, to make sure the protest is not successful. But is the fear of protests driving agencies to make bad decisions? We think so.
The most common…
November 25, 2014
Just because a small business award involves security clearance issues does not automatically mean there is a “responsibility matter” that must be referred to the Small Business Administration (SBA) for a Certificate of Competency (COC) determination. Sometimes, as in the recent case of MT & Associates, LLC, B-410066 (October 17, 2014), the protestor simply fails to convince the agency…
November 18, 2014
A recent decision by the Small Business Administration (SBA) Office of Hearings and Appeals (OHA) reminds potential size protestors that the “notice” triggering the five business day size protest period in a negotiated procurement does not have to be in writing, nor does it have to come from the cognizant contracting officer (CO), and may even be indirect, including by published announcements,…
November 18, 2014
Defense companies often conduct internal audits to ensure the integrity of their business systems. These internal audits may contain information about company operations and internal controls related to the performance of government contracts. Many defense contractors are not willing to share their internal audit reports with the government, and for good reasons.
Section 832 of the National…
November 18, 2014
Given the FAR 9.103(b) mandate that “no purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility,” FCi Federal, Inc. (FCi) was surprised when the Department of Homeland Security (DHS) awarded a $210 million contract to FCi’s competitor, USIS PSD. Why? Because the award came after a flurry of media reports containing allegations of…
November 11, 2014
On October 4, 2014, the Congressional Research Service (CRS) issued a report for Congress entitled GAO Bid Protests: An Overview of Time Frames and Procedures. Bid protests are of interest to Congress because they affect agency missions and operations. While the Government Accountability Office (GAO) is not the only forum with authority to hear bid protests involving federal acquisitions – the…
November 11, 2014
The performance of Government contracts often requires the use of contractors’ preexisting data. Your rights in this data are frequently very valuable – sometimes even indispensable to your continued existence. It should come as no surprise, therefore, that when submitting a proposal for a government contract it is crucial that you understand and articulate your rights and those of the…
November 11, 2014
Despite all the alarming news about Ebola in the press these days, government contractors face another ailment that’s also scary and, unfortunately, far more common. Known as incumbentitis, this disease all too often prevents contractors from winning renewals of their existing contracts. The symptoms include overconfidence based on past performance; an inability to notice changes in an agency’s…
November 4, 2014
Protesting contractors sometimes prematurely interpret an agency’s decision to take corrective action as a tacit admission of their protest’s merits, only to be brought back to earth when that corrective action fails to “properly” resolve the issues (i.e. in their favor). This dynamic reflects the practical realities of corrective action, one of the most powerful tools in an agency’s protest…
November 4, 2014
The Court of Federal Claims recently determined, for the second time in two years (see our March 2013 blog: Due Process is Alive and Well), that the Department of Veterans Affairs (VA) failed to provide due process to a Service-Disabled Veteran-Owned Small Business (SDVOSB) in connection with its eligibility decertification. The Court also ruled that VA’s Office of Small and Disadvantaged…
December 2, 2014
Many government contractors and subcontractors ask the question, “What does ‘Buy American’ mean?” Unfortunately, Buy American refers to number of complex statutory and regulatory schemes that impose different requirements. One thing is certain, however: whether you are conducting business with the federal government directly, as a prime contractor, or indirectly, as a subcontractor,…
November 25, 2014
Contracting personnel are required to obtain approval of cost reimbursement contracts at least one level above the contracting officer. FAC 2005-50 states “the contracting officer shall document the rationale for selecting the contract type in the written acquisition plan and ensure that the plan is approved and signed at least one level above the contracting officer.” The documentation must…
November 25, 2014
Agencies are in the hot seat when it comes to protests. First, it’s the Contracting Officer’s (CO’s) job to prevent a protest from being filed and, second, if a protest is filed, it’s the CO’s job, working with agency procurement counsel, to make sure the protest is not successful. But is the fear of protests driving agencies to make bad decisions? We think so.
The most common…
November 25, 2014
Just because a small business award involves security clearance issues does not automatically mean there is a “responsibility matter” that must be referred to the Small Business Administration (SBA) for a Certificate of Competency (COC) determination. Sometimes, as in the recent case of MT & Associates, LLC, B-410066 (October 17, 2014), the protestor simply fails to convince the agency…
November 18, 2014
A recent decision by the Small Business Administration (SBA) Office of Hearings and Appeals (OHA) reminds potential size protestors that the “notice” triggering the five business day size protest period in a negotiated procurement does not have to be in writing, nor does it have to come from the cognizant contracting officer (CO), and may even be indirect, including by published announcements,…
November 18, 2014
Defense companies often conduct internal audits to ensure the integrity of their business systems. These internal audits may contain information about company operations and internal controls related to the performance of government contracts. Many defense contractors are not willing to share their internal audit reports with the government, and for good reasons.
Section 832 of the National…
November 18, 2014
Given the FAR 9.103(b) mandate that “no purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility,” FCi Federal, Inc. (FCi) was surprised when the Department of Homeland Security (DHS) awarded a $210 million contract to FCi’s competitor, USIS PSD. Why? Because the award came after a flurry of media reports containing allegations of…
November 11, 2014
On October 4, 2014, the Congressional Research Service (CRS) issued a report for Congress entitled GAO Bid Protests: An Overview of Time Frames and Procedures. Bid protests are of interest to Congress because they affect agency missions and operations. While the Government Accountability Office (GAO) is not the only forum with authority to hear bid protests involving federal acquisitions – the…
November 11, 2014
The performance of Government contracts often requires the use of contractors’ preexisting data. Your rights in this data are frequently very valuable – sometimes even indispensable to your continued existence. It should come as no surprise, therefore, that when submitting a proposal for a government contract it is crucial that you understand and articulate your rights and those of the…
November 11, 2014
Despite all the alarming news about Ebola in the press these days, government contractors face another ailment that’s also scary and, unfortunately, far more common. Known as incumbentitis, this disease all too often prevents contractors from winning renewals of their existing contracts. The symptoms include overconfidence based on past performance; an inability to notice changes in an agency’s…
November 4, 2014
Protesting contractors sometimes prematurely interpret an agency’s decision to take corrective action as a tacit admission of their protest’s merits, only to be brought back to earth when that corrective action fails to “properly” resolve the issues (i.e. in their favor). This dynamic reflects the practical realities of corrective action, one of the most powerful tools in an agency’s protest…
November 4, 2014
The Court of Federal Claims recently determined, for the second time in two years (see our March 2013 blog: Due Process is Alive and Well), that the Department of Veterans Affairs (VA) failed to provide due process to a Service-Disabled Veteran-Owned Small Business (SDVOSB) in connection with its eligibility decertification. The Court also ruled that VA’s Office of Small and Disadvantaged…
