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 employees, with a warrant, who is supposed to be the conscience of our system, asked a … [Read more...]

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...]

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...]

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 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...]

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...]

Today, we heard Joe Jordan, Administrator of the Office of Procurement Policy (OFPP), at a meeting of the Government Affairs Committee of the Professional Services Council (PSC), allude to the statement of guiding principles for the federal acquisition system set forth in FAR 1.102(d).  Essentially, … [Read more...]

Judge Susan Braden of the Court of Federal Claims (COFC) reminds us in a recent opinion of the difference between protests in that court based on a regulatory or procedural violation and award decisions challenged on the grounds that an agency acted in an arbitrary or capricious manner.  The protest … [Read more...]

Judge Victor Wolski of the Court of Federal Claims (COFC) observes that past performance of all offerors need not be considered under FAR 15.304(c)(3) and that consideration of past performance in commercial buys is not mandated.  He specifically holds that a bidder can waive consideration of its … [Read more...]

This will be short and sweet.  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 … [Read more...]

Judge Christine Miller of the Court of Federal Claims (COFC) has just issued an opinion denying injunctive relief to a contractor complaining that the Air Force's decision to in-source work the contractor had been performing violated statutory law.  The contractor contended that the Air Force … [Read more...]