The Government Contractors Network
Having “standing” or the “right” to sue in a bid protest action is generally limited to those parties that (1) are actual or potential bidders and (2) have a direct economic interest in the contract. The definition of direct economic interest is constantly evolving. Parties can be considered to have a direct economic interest in a contract even … [Read more...]
Here's a call for action from our friend Bill Spriggs. Seems someone with the Air Force didn't take kindly to his article, Unconscionability in Contracting, he published yesterday so they blocked access to his website. This will be interesting. Not sure what can or should be done, but they have fighter jets.. I don't. This is from Spriggs Law Group's … [Read more...]
An interesting situation and commentary by Bill Spriggs, a GovCon lawyer who writes interesting articles regularly at: Spriggs Law Group Yesterday, a contracting officer told a contractor to decrease its price by 10% "for sequestration related cuts, without any changes to contractual services levels." Yes, believe it or not, one of our government … [Read more...]
If passed the Fairness and Transparency in Contracting Act of 2009 would amend the Small Business Act to exclude as a small business, for purposes of meeting federal agency contracting goals with small businesses, any small business (or subsidiary thereof) that is publicly traded, or any business (or subsidiary thereof) with more than 50% non-U.S. citizen … [Read more...]
Judge Lynn Bush of the Court of Federal Claims (COFC) recently entered judgment for the protester in a sole source procurement of a bridge contract by the Air Force. "The violations of procurement regulations in the sole-source award to Harris are numerous, troubling and prejudicial to IDEA," she said. "These were not technical errors." Although there was no … [Read more...]
By far the most important section in the Federal Acquisition Regulation (FAR), for these trying times in particular, is FAR 15.201. We need to keep reminding ourselves and everyone in the procurement community about it. Following it is the cornerstone of any successful acquisition. 15.201 Exchanges with industry before receipt of proposals (a) Exchanges … [Read more...]
GAO contends that because the VA won't adhere to its decisions about 109-461, they will dismiss all protests involving 109-461. See related news on VetLikeMe.org VA’s Non-Compliance Under Increased Scrutiny SDVOSB Case Decided in Favor of VA … [Read more...]
In 1996, the Government Accountability Office (GAO), began using a type of alternative dispute resolution (ADR) known as "outcome prediction". It usually takes place after all the parties have thoroughly briefed the issues raised in the original and supplemental protests, an evidentiary hearing has taken place (which is fairly rare), and all that is left is … [Read more...]
Senior Judge and former Chief Judge Loren Smith of the Court of Federal Claims (COFC) has just written an opinion explaining the sovereign act defense (which the government can raise in contract disputes) and applying it to a particular fact situation. He starts by reminding us that when the government acts in its capacity as a contractor, the courts treat … [Read more...]
Protests can be filed with the Government Accountability Office (GAO) or in the Court of Federal Claims (COFC). If filed at GAO and a similar case is filed in the COFC, GAO will dismiss the protest case at GAO. If a contractor is unhappy with the result at GAO, it can file a similar protest at the COFC. Here are some important rules to … [Read more...]
The Small and Emerging Contractors Advisory Forum (SECAF) announced the winners for its Fifth Annual … [Read More...]
This is an interesting way to view the government's LPTA practices. Shared with us by guest writer … [Read More...]
So the sky hasn't fallen and the sun appears to be rising as it always has. Is all good? Here are … [Read More...]
Having “standing” or the “right” to sue in a bid protest action is generally limited to … [Read More...]
