August 27, 2014
It does not happen very often, but in a recent post-award protest the Court of Federal Claims found an agency was arbitrary and capricious in implementing a United States Government Accountability Office (GAO) decision that recommended cancellation of a contract award. Rush Construction Inc. v. United States et al, COFC No. 14-202C, (Fed. Cl. July 15, 2014). According to the…
August 27, 2014
A recent GAO decision demonstrates the importance of knowing and understanding your customer, and avoiding making assumptions in preparing your proposal that may not accord with the customer’s mindset and may come back to bite you during proposal evaluation. The Bowen Group, B-409332.3 decided August 6, 2014.
This protest involved a procurement by the United States Marine Corps for support…
August 27, 2014
Sometimes incumbent contractors become so ensconced in their role as the provider of particular goods or services that there seems to be no practical way that any competitor will ever unseat them. The recent decision in New Mexico State University, B-409566 (June 16, 2014), reminds us that incumbents in such situations may not be as safe as they think. Whether their competitive…
August 25, 2014
The Justice Department recently announced another False Claims Act settlement – this time with Hewlett-Packard Company (HP). HP has agreed to pay $32.5 million to resolve allegations that it overcharged the U.S. Postal Service (USPS) for commercial information technology products HP delivered to the USPS between 2001 and 2010. Department of Justice Release - August 1, 2014.
According to the…
August 25, 2014
A recently-released GAO decision demonstrates the importance of paying attention to a solicitation’s wording in deciding whether to challenge a competitor’s labor rates as being too low. In Iron Vine Security, LLC, B-409015, decided January 22, 2014, the highly-ranked Iron Vine attacked the agency’s failure to evaluate the realism of the much lower-priced awardee’s proposed fixed labor…
August 25, 2014
A recent Armed Services Board of Contract Appeals (ASBCA) decision highlights the fact that even if a contractor settles a government contract dispute with an agency, the contractor may never actually receive a dime of the settlement proceeds. ASBCA Nos. 58214, 58215, 58216 & 59231
In Integrity Management Services, Inc., the contractor had a food services contract with the Puerto Rico National…
August 19, 2014
All businesses work to identify efficiencies and lower costs wherever possible. In some cases, however, choices made in pursuit of this laudable goal can lead government contractors to forego important assistance that could save them more money in the long run. It’s always difficult to read between the lines of a Government Accountability Office (GAO) decision, but the protestor’s…
August 19, 2014
A recent protest before the Government Accountability Office (GAO) highlights a red flag to watch for when considering whether to protest an unfavorable award: If you believe the agency’s evaluation of your proposed staffing plan was superficial or failed to consider the actual number of employees assigned to various labor categories, you may have strong grounds for a protest. …
August 18, 2014
The Department of Justice recently announced that McKesson Corporation (McKesson) has agreed to pay $18 million to resolve a False Claims Act case. This settlement resolves allegations of wrongdoing first raised by McKesson’s former finance director under the whistleblower provision of the False Claims Act.
McKesson held a contract with the Centers for Disease Control and Prevention…
August 12, 2014
On July 31, 2014, President Obama signed an Executive Order placing new restrictions and burdens on federal contractors directly related to labor and employment law compliance issues. The Executive Order became effective upon signing. Fair Pay and Safe Workplaces Executive Order. It applies to both prime contractors and subcontractors of all tiers, to the extent the applicable…
August 12, 2014
The U.S. Small Business Administration (SBA) recently announced the federal government’s Fiscal Year 2013 (FY13) small business goaling results and Small Business Procurement Scorecard. Government-Wide Performance Scorecard FY13. SBA understandably highlighted the fact that, for the first time in eight years, the federal government achieved its goal to award 23% of eligible contracts…
August 12, 2014
On August 8, 2014, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs published new proposed regulations in the Federal Register to amend and supplement existing 41 C.F.R. § 60-1.7. 79 FR 46561. The proposed regulations will require contractors and subcontractors with more than 100 employees and contracts or subcontracts valued at more than $50,000 over a performance…
August 27, 2014
It does not happen very often, but in a recent post-award protest the Court of Federal Claims found an agency was arbitrary and capricious in implementing a United States Government Accountability Office (GAO) decision that recommended cancellation of a contract award. Rush Construction Inc. v. United States et al, COFC No. 14-202C, (Fed. Cl. July 15, 2014). According to the…
August 27, 2014
A recent GAO decision demonstrates the importance of knowing and understanding your customer, and avoiding making assumptions in preparing your proposal that may not accord with the customer’s mindset and may come back to bite you during proposal evaluation. The Bowen Group, B-409332.3 decided August 6, 2014.
This protest involved a procurement by the United States Marine Corps for support…
August 27, 2014
Sometimes incumbent contractors become so ensconced in their role as the provider of particular goods or services that there seems to be no practical way that any competitor will ever unseat them. The recent decision in New Mexico State University, B-409566 (June 16, 2014), reminds us that incumbents in such situations may not be as safe as they think. Whether their competitive…
August 25, 2014
The Justice Department recently announced another False Claims Act settlement – this time with Hewlett-Packard Company (HP). HP has agreed to pay $32.5 million to resolve allegations that it overcharged the U.S. Postal Service (USPS) for commercial information technology products HP delivered to the USPS between 2001 and 2010. Department of Justice Release - August 1, 2014.
According to the…
August 25, 2014
A recently-released GAO decision demonstrates the importance of paying attention to a solicitation’s wording in deciding whether to challenge a competitor’s labor rates as being too low. In Iron Vine Security, LLC, B-409015, decided January 22, 2014, the highly-ranked Iron Vine attacked the agency’s failure to evaluate the realism of the much lower-priced awardee’s proposed fixed labor…
August 25, 2014
A recent Armed Services Board of Contract Appeals (ASBCA) decision highlights the fact that even if a contractor settles a government contract dispute with an agency, the contractor may never actually receive a dime of the settlement proceeds. ASBCA Nos. 58214, 58215, 58216 & 59231
In Integrity Management Services, Inc., the contractor had a food services contract with the Puerto Rico National…
August 19, 2014
All businesses work to identify efficiencies and lower costs wherever possible. In some cases, however, choices made in pursuit of this laudable goal can lead government contractors to forego important assistance that could save them more money in the long run. It’s always difficult to read between the lines of a Government Accountability Office (GAO) decision, but the protestor’s…
August 19, 2014
A recent protest before the Government Accountability Office (GAO) highlights a red flag to watch for when considering whether to protest an unfavorable award: If you believe the agency’s evaluation of your proposed staffing plan was superficial or failed to consider the actual number of employees assigned to various labor categories, you may have strong grounds for a protest. …
August 18, 2014
The Department of Justice recently announced that McKesson Corporation (McKesson) has agreed to pay $18 million to resolve a False Claims Act case. This settlement resolves allegations of wrongdoing first raised by McKesson’s former finance director under the whistleblower provision of the False Claims Act.
McKesson held a contract with the Centers for Disease Control and Prevention…
August 12, 2014
On July 31, 2014, President Obama signed an Executive Order placing new restrictions and burdens on federal contractors directly related to labor and employment law compliance issues. The Executive Order became effective upon signing. Fair Pay and Safe Workplaces Executive Order. It applies to both prime contractors and subcontractors of all tiers, to the extent the applicable…
August 12, 2014
The U.S. Small Business Administration (SBA) recently announced the federal government’s Fiscal Year 2013 (FY13) small business goaling results and Small Business Procurement Scorecard. Government-Wide Performance Scorecard FY13. SBA understandably highlighted the fact that, for the first time in eight years, the federal government achieved its goal to award 23% of eligible contracts…
August 12, 2014
On August 8, 2014, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs published new proposed regulations in the Federal Register to amend and supplement existing 41 C.F.R. § 60-1.7. 79 FR 46561. The proposed regulations will require contractors and subcontractors with more than 100 employees and contracts or subcontracts valued at more than $50,000 over a performance…
