By David Warner
Last month, a divided U.S. Court of Appeals for the First Circuit ruled that a plaintiff adequately alleges “protected activity” under the False Claims Act’s whistleblower protection provision. This provision is where individuals report concerns related to conduct, that could reasonably lead to a viable FCA action. The First Circuit reversed the lower court’s prior dismissal of the action, which was based in part on the absence of any allegations of a false claim.
The plaintiff
By Barbara S. Kinosky, Esq.
There’s a revived focus on the topic and implementation of Information Technology modernization within the federal government in 2019.
IT drives innovation and innovation is the most direct route to business success. Innovation in government contracting has the same impact that steam had on the industrial revolution. In fact, it’s hard to imagine any organization that has not benefited from the digital revolution.
As we begin 2019, several government agencies have
By Heather Mims, Esq.
In general, the Buy American Act (“BAA”) requires the United States government to give a preference to American-made products. When applied to a specific procurement, a contractor must provide an end-product that was manufactured in the United States and must also certify that more than fifty percent of the cost of all the parts were manufactured in the United States.
Executive Orders
Since its implementation in 1933, numerous exceptions and interpretations have develope
By Hon. Jack Delman
We have all learned, some of us in school and some of us in the school of “life experience” that parties to a contract are bound by its terms. Not always, if one of the contracting parties is the federal government. We should know that the sovereign reserves certain unique contract prerogatives. One such prerogative is the right to invoke provisions omitted from the contract but required by law.
In G.L Christian & Associates v. United States, 312 F.2d 418 (Ct. Cl. 1963)
By Hon. Jack Delman
We have all learned, some of us in school and some of us in the school of “life experience” that parties to a contract are bound by its terms. Not always, if one of the contracting parties is the federal government. We should know that the sovereign reserves certain unique contract prerogatives. One such prerogative is the right to invoke provisions omitted from the contract but required by law.
In G.L Christian & Associates v. United States, 312 F.2d 418 (Ct. Cl. 1963)
By Tyler Freiberger,
One month and two days and still 800,000 federal employees are currently working without pay as a result of the “partial” government shutdown. As many employees struggle to afford basic necessities it’s only slight comfort that Congress has already passed the law authorizing back pay when the shutdown ends. While the hardship of these government employees deserves the mass media’s coverage, there are also over four million federal contractors supporting the federal governme
By Tyler Freiberger, Esq.
One month and two days and still 800,000 federal employees are currently working without pay as a result of the “partial” government shutdown. As many employees struggle to afford basic necessities it’s only slight comfort that Congress has already passed the law authorizing back pay when the shutdown ends. While the hardship of these government employees deserves the mass media’s coverage, there are also over four million federal contractors supporting the federal gov
By Tyler Freiberger, Esq.
One month and two days and still 800,000 federal employees are currently working without pay as a result of the “partial” government shutdown. As many employees struggle to afford basic necessities it’s only slight comfort that Congress has already passed the law authorizing back pay when the shutdown ends. While the hardship of these government employees deserves the mass media’s coverage, there are also over four million federal contractors supporting the federal gov
By Julia Coon,
Clause 552.238-74 Industrial Funding Fee and Sales Reporting requires all General Services Administration (GSA) Schedule contractors to report sales within 30 calendar days following the completion of the reporting period and remit the Industrial Funding Fee (IFF) within 30 calendar days following the end of each reporting quarter.
Over the next twelve months, GSA will be transitioning all GSA Schedule contracts from the legacy 72A Reporting System to the new Federal Acquisition
By Julia Coon,
Clause 552.238-74 Industrial Funding Fee and Sales Reporting requires all General Services Administration (GSA) Schedule contractors to report sales within 30 calendar days following the completion of the reporting period and remit the Industrial Funding Fee (IFF) within 30 calendar days following the end of each reporting quarter.
Over the next twelve months, GSA will be transitioning all GSA Schedule contracts from the legacy 72A Reporting System to the new Federal Acquisition
By Julia Coon,
Clause 552.238-74 Industrial Funding Fee and Sales Reporting requires all General Services Administration (GSA) Schedule contractors to report sales within 30 calendar days following the completion of the reporting period and remit the Industrial Funding Fee (IFF) within 30 calendar days following the end of each reporting quarter. Over the next twelve months, GSA will be transitioning all GSA Schedule contracts from the legacy 72A Reporting System to the new Federal Acquisition
By William Weisberg, Esq,
Organizational Conflicts of Interest (OCI) are a well-known fixture of government contracting. OCI has its own FAR subsection, FAR part 9.5, and figures prominently in several GAO bid protests every year. OCIs can be waived by the Government, and mitigated by contractors, with the Government’s approval.
OCIs are situations where a contractor either has an unfair competitive advantage from previous work done, has impaired objectivity, or has other prohibited items.
I
By William Weisberg, Esq,
Organizational Conflicts of Interest (OCI) are a well-known fixture of government contracting. OCI has its own FAR subsection, FAR part 9.5, and figures prominently in several GAO bid protests every year. OCIs can be waived by the Government, and mitigated by contractors, with the Government’s approval.
OCIs are situations where a contractor either has an unfair competitive advantage from previous work done, has impaired objectivity, or has other prohibited items.
I
By William Weisberg,
Organizational Conflicts of Interest (OCI) are a well-known fixture of government contracting. OCI has its own FAR subsection, FAR part 9.5, and figures prominently in several GAO bid protests every year. OCIs can be waived by the Government, and mitigated by contractors, with the Government’s approval.
OCIs are situations where a contractor either has an unfair competitive advantage from previous work done, has impaired objectivity, or has other prohibited items.
I spend
By Angel N. Davis,
Happy New Year and Happy Contracting!
As we enter 2019, we have the opportunity to make and commit to several resolutions with the hope of remaining steadfast and following through with at least a few. As an industry, a company and an individual now is the time to set goals for the new year.
What can we expect in 2019?
2019 will undoubtedly continue being a year of technological disruption. Due to that, this year our government will place a high value on:
Acquisition ref
By Angel N. Davis,
Happy New Year and Happy Contracting!
As we enter 2019, we have the opportunity to make and commit to several resolutions with the hope of remaining steadfast and following through with at least a few. As an industry, a company and an individual now is the time to set goals for the new year.
What can we expect in 2019?
2019 will undoubtedly continue being a year of technological disruption. Due to that, this year our government will place a high value on:
Acquisition ref
By Angel Davis
Happy New Year and Happy Contracting!
As we enter 2019, we have the opportunity to make and commit to several resolutions with the hope of remaining steadfast and following through with at least a few. As an industry, a company and an individual now is the time to set goals for the new year.
What can we expect in 2019?
2019 will undoubtedly continue being a year of technological disruption. Due to that, this year our government will place a high value on:
Acquisition reform
By Stephanie Fine, Esq.
With the holidays upon us and the new year just around the corner, it is time to start thinking about new solicitations in the pipeline for the next calendar year and your record of past performance. Almost every government proposal requires information on past performance, and it’s inarguably one of the most critical parts.
Why does past performance matter?
Past performance shows the government that your company is capable of performing the work it says it can. It’
By Stephanie Fine, Esq.
With the holidays upon us and the new year just around the corner, it is time to start thinking about new solicitations in the pipeline for the next calendar year and your record of past performance. Almost every government proposal requires information on past performance, and it’s inarguably one of the most critical parts.
Why does past performance matter?
Past performance shows the government that your company is capable of performing the work it says it can. It’
By Stephanie Fine, Esq.
With the holidays upon us and the new year just around the corner, it is time to start thinking about new solicitations in the pipeline for the next calendar year and your record of past performance. Almost every government proposal requires information on past performance, and it’s inarguably one of the most critical parts.
Why does past performance matter?
Past performance shows the government that your company is capable of performing the work it says it can. It’
At the end of each fiscal year, the GAO submits its Bid Protest Annual Report to Congress. This report details the number of cases received by GAO (which includes protests, cost claims, and requests for reconsideration) and a summary of the overall outcomes of the cases.
In FY2018, 2,607 cases were filed at the GAO, of those 2,474 were bid protests (the remaining approximately 130 cases being cost claims and requests for reconsideration). Only 622 of those cases reached a decision on the merits
At the end of each fiscal year, the GAO submits its Bid Protest Annual Report to Congress. This report details the number of cases received by GAO (which includes protests, cost claims, and requests for reconsideration) and a summary of the overall outcomes of the cases.
In FY2018, 2,607 cases were filed at the GAO, of those 2,474 were bid protests (the remaining approximately 130 cases being cost claims and requests for reconsideration). Only 622 of those cases reached a decision on the merits
At the end of each fiscal year, the GAO submits its Bid Protest Annual Report to Congress. This report details the number of cases received by GAO (which includes protests, cost claims, and requests for reconsideration) and a summary of the overall outcomes of the cases.
In FY2018, 2,607 cases were filed at the GAO, of those 2,474 were bid protests (the remaining approximately 130 cases being cost claims and requests for reconsideration). Only 622 of those cases reached a decision on the merits
Last week the United States Supreme Court issued its decision in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service regarding an agency determination that certain lands were a “critical habitat” for the endangered dusky gopher frog and could not be developed. While some contemporaneous accounts of the oral arguments anticipated a likely split along ideological lines, the Court’s eventual decision was a unanimous one that overturned the lower courts’ affirmation of the agency’s actions.
While th
Last week the United States Supreme Court issued its decision in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service regarding an agency determination that certain lands were a “critical habitat” for the endangered dusky gopher frog and could not be developed. While some contemporaneous accounts of the oral arguments anticipated a likely split along ideological lines, the Court’s eventual decision was a unanimous one that overturned the lower courts’ affirmation of the agency’s actions.
While th
