July 10, 2014
In the recent case of Crystal Clear Technologies, Inc., B-409266.2, (Comp. Gen. May 28, 2014), the protester challenged the agency’s rejection of its offer for failure to sufficiently describe the product and pricing being offered. The protester, Crystal Clear Technologies, Inc. (Crystal Clear) essentially lost because it ignored the agency’s guidance concerning what Crystal Clear needed to…
July 8, 2014
On Tuesday July 1, 2014, the Treasury Department announced that the Prompt Payment Act interest rate has been reduced to 2.0% per annum for the period of July 1, 2014, and ending on December 31, 2014. 79 Fed. Reg. 37391. This interest rate is used to calculate the penalty paid by the government when it fails to timely pay contractors for goods and services. With this…
July 3, 2014
A recent decision by the Civilian Board of Contract Appeals reminds us how most options work in government contracts. In JRS Management, CBCA No. 3288, May 28, 2014, the Board denied a contractor’s claim that by failing to exercise the renewal option, the agency acted in bad faith and committed an arbitrary and capricious abuse of discretion, stating: “Regarding the…
July 1, 2014
On June 12, 2014 the Small Business Administration (SBA) published an Interim Final Rule under which SBA adjusts its monetary-based size standards to account for inflation that has occurred since 2008. These adjustments are in addition to the recent revisions to SBA’s size standards issued as part of its comprehensive size standards review. The rule goes into effect on July 14,…
July 1, 2014
We previously reported on the FAR interim rule that eliminated dollar caps on the anticipated award price of contracts to Economically-Disadvantaged Women Owned Small Businesses (“EDWOSB”) and Women-Owned Small Businesses (“WOSB”). On June 24, 2014, this interim rule was adopted as final, without change. The FAR council received no comments on the interim rule during the…
June 30, 2014
The recent Government Accountability Office (GAO) decision, Tyonek Worldwide Services, Inc. – Reconsideration, B-409326.6, (Comp. Gen. May 15, 2014), illustrates the importance of affirmatively demonstrating interested party status rather than arguing after the fact that the GAO should confer it.
The protestor, Tyonek Worldwide Services, Inc., (Tyonek) submitted a proposal in response…
June 24, 2014
On June 14, 2014, Richard Melton, the former president of defense contractor Partz Network, was arrested and charged with allegedly stealing $3 million through fraudulent contracts with the U.S. Department of Defense (DoD). Most of the contracts were for replacement parts for military rolling stock – parts required to be manufactured by DoD-recognized qualified manufacturers. Partz…
June 23, 2014
A new report by the U.S. Government Accountability Office (GAO) finds that the number of suspensions and debarment actions government-wide is up more than 162% over the past five years. The increase is even greater – a stunning 1,326% -- for six agencies previously criticized by GAO: Commerce, HHS, DOJ, State, Treasury and FEMA. These agencies began to…
June 20, 2014
It is axiomatic that offerors confronted with ambiguous solicitations cannot wait for the award decision before deciding whether to protest. However, offerors continue to do just that. In the case of ARKRAY USA, Inc., B-408981.4 (Comp. Gen. March 5, 2014), the delay was perhaps understandable given relatively complicated procurement, but it nonetheless proved fatal…
June 16, 2014
In the past few months the Federal Circuit has issued several decisions regarding the Rule of Two. The initial decisions arose in the context of Job Corps Center (JCC) operations contracts – addressing whether or not the Department of Labor (DOL) could use the Rule of Two over and over again to set aside an unlimited number of JCC operations contracts for a tiny group of small businesses,…
June 13, 2014
On May 22, 2014 the U.S. House of Representatives passed House Resolution No. 4435, the National Defense Authorization Act (NDAA) for Fiscal Year 2015. This bill includes several important provisions that would materially impact small businesses if concurred in by the Senate and carried forward into law. Most importantly, under an amendment sponsored by the chair of the House Small…
June 9, 2014
Last week, DoD issued a proposed rule to implement section 807 of the National Defense Authorization Act (NDAA) of FY2008. This rule will require contractors to annually report service contract data at the end of the Government’s fiscal year or the end of contract performance, whichever comes first. The rule will apply to all contracts above the simplified acquisition…
July 10, 2014
In the recent case of Crystal Clear Technologies, Inc., B-409266.2, (Comp. Gen. May 28, 2014), the protester challenged the agency’s rejection of its offer for failure to sufficiently describe the product and pricing being offered. The protester, Crystal Clear Technologies, Inc. (Crystal Clear) essentially lost because it ignored the agency’s guidance concerning what Crystal Clear needed to…
July 8, 2014
On Tuesday July 1, 2014, the Treasury Department announced that the Prompt Payment Act interest rate has been reduced to 2.0% per annum for the period of July 1, 2014, and ending on December 31, 2014. 79 Fed. Reg. 37391. This interest rate is used to calculate the penalty paid by the government when it fails to timely pay contractors for goods and services. With this…
July 3, 2014
A recent decision by the Civilian Board of Contract Appeals reminds us how most options work in government contracts. In JRS Management, CBCA No. 3288, May 28, 2014, the Board denied a contractor’s claim that by failing to exercise the renewal option, the agency acted in bad faith and committed an arbitrary and capricious abuse of discretion, stating: “Regarding the…
July 1, 2014
On June 12, 2014 the Small Business Administration (SBA) published an Interim Final Rule under which SBA adjusts its monetary-based size standards to account for inflation that has occurred since 2008. These adjustments are in addition to the recent revisions to SBA’s size standards issued as part of its comprehensive size standards review. The rule goes into effect on July 14,…
July 1, 2014
We previously reported on the FAR interim rule that eliminated dollar caps on the anticipated award price of contracts to Economically-Disadvantaged Women Owned Small Businesses (“EDWOSB”) and Women-Owned Small Businesses (“WOSB”). On June 24, 2014, this interim rule was adopted as final, without change. The FAR council received no comments on the interim rule during the…
June 30, 2014
The recent Government Accountability Office (GAO) decision, Tyonek Worldwide Services, Inc. – Reconsideration, B-409326.6, (Comp. Gen. May 15, 2014), illustrates the importance of affirmatively demonstrating interested party status rather than arguing after the fact that the GAO should confer it.
The protestor, Tyonek Worldwide Services, Inc., (Tyonek) submitted a proposal in response…
June 24, 2014
On June 14, 2014, Richard Melton, the former president of defense contractor Partz Network, was arrested and charged with allegedly stealing $3 million through fraudulent contracts with the U.S. Department of Defense (DoD). Most of the contracts were for replacement parts for military rolling stock – parts required to be manufactured by DoD-recognized qualified manufacturers. Partz…
June 23, 2014
A new report by the U.S. Government Accountability Office (GAO) finds that the number of suspensions and debarment actions government-wide is up more than 162% over the past five years. The increase is even greater – a stunning 1,326% -- for six agencies previously criticized by GAO: Commerce, HHS, DOJ, State, Treasury and FEMA. These agencies began to…
June 20, 2014
It is axiomatic that offerors confronted with ambiguous solicitations cannot wait for the award decision before deciding whether to protest. However, offerors continue to do just that. In the case of ARKRAY USA, Inc., B-408981.4 (Comp. Gen. March 5, 2014), the delay was perhaps understandable given relatively complicated procurement, but it nonetheless proved fatal…
June 16, 2014
In the past few months the Federal Circuit has issued several decisions regarding the Rule of Two. The initial decisions arose in the context of Job Corps Center (JCC) operations contracts – addressing whether or not the Department of Labor (DOL) could use the Rule of Two over and over again to set aside an unlimited number of JCC operations contracts for a tiny group of small businesses,…
June 13, 2014
On May 22, 2014 the U.S. House of Representatives passed House Resolution No. 4435, the National Defense Authorization Act (NDAA) for Fiscal Year 2015. This bill includes several important provisions that would materially impact small businesses if concurred in by the Senate and carried forward into law. Most importantly, under an amendment sponsored by the chair of the House Small…
June 9, 2014
Last week, DoD issued a proposed rule to implement section 807 of the National Defense Authorization Act (NDAA) of FY2008. This rule will require contractors to annually report service contract data at the end of the Government’s fiscal year or the end of contract performance, whichever comes first. The rule will apply to all contracts above the simplified acquisition…
