One of the possible consequences of sequestration is that there may well be a greater risk now of violations of the Antideficiency Act. Unless the meat ax cuts are squarely and precisely made, some obligations and expenditures may be made which exceed the actual amounts obligated and committed to … [Read more...]
Where to File a GSA Schedule Contract Dispute Claim
You are a GSA schedule contractor. You receive an order from an agency and during the course of performance get into a dispute over some of the terms of the contract as well as the price. You intend to file a claim under the Contract Disputes Act. Where does it go? Is the claim filed with the … [Read more...]
GW Law Spring 2013 Government Procurement Newsletter
Key Pending and Proposed Regulatory Actions Affecting Small Businesses
Pending Small Business Regulatory Actions: Acquisition Process: Task and Delivery Order Contracts, Bundling, Consolidation, 77 Fed. Reg. 29130 (May 16, 2012) (Proposed Rule). Authorizes set-asides of orders issued under Multiple Award Contracts including those on the GSA Schedule; discusses … [Read more...]
How the WARN Act Applies to Government Contractors
This morning I had the opportunity to attend a presentation on Contract Terminations given by Tom Ringwood from the National Contract Management Association. The discussion was quite lively which was a bit of a surprise for a 7:30 A.M. event. During the discussion, several questions came up … [Read more...]
Key Small Business Provisions in the National Defense Authorization Act for FY 2013
Section 1641 – Small Business Mentor-Protégé Program Authorizes SBA to establish a Mentor-Protégé Program for small businesses Small business Mentor-Protgege Program should be “identical” to 8(a) Mentor-Protégé Program Agencies other than SBA cannot establish a Mentor-Protégé Program unless the … [Read more...]
H.R. 2568: Fairness and Transparency in Contracting Act of 2009
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 … [Read more...]
TINA: AGENCY MUST SHOW DAMAGES
Judge Peacock of the Armed Services Board of Contract Appeals (ASBCA) has sustained the appeal of Lockheed Martin in a Truth in Negotiations Act (TINA) claim made by the Air Force. After a thorough discussion of the many faults in the Air Force's argument in favor of its claim, Judge Peacock simply … [Read more...]
Violations of Sole Source Rules
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 … [Read more...]
VIOLATIONS OF SOLE SOURCE RULES
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 … [Read more...]
COST REALISM RULES
Cost estimates on cost reimbursement contracts are not to be taken at face value. FAR 15.404-1(d) says a cost realism analysis is the process of independently reviewing and evaluating specific elements of proposed cost estimates to determine if they are realistic for the work to be performed, … [Read more...]
VOLUNTEER CORPS AND HELP HOT LINE
On December 27, 2012, we wrote about antidotes for the "unabated crisis" raised by the Professional Services Counsel (PSC) and Grant Thornton LLP in their recent study report. In that piece, we suggested more myth busting memos from the Office of Procurement Policy (OFPP), instituting a help hot … [Read more...]