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Getting “Real” – Agency’s Inadequate Price Realism Evaluation Supports Protest

By Hon. Jack Delman In Apogee Engineering, LLC, 2019 CPD 85, 2019 WL 927366 (February 21, 2019), the GAO recently sustained a protest, due to, among other things, the agency’s failure to show that it performed an adequate price realism evaluation as required by the RFP. The Department of Transportation, Office of the Secretary of Transportation (agency), issued the RFP as a competitive set aside under the SBA’s 8(a) program. The RFP contemplated the award of a labor hour contract with fixed-pr
 

Getting “Real” – Agency’s Inadequate Price Realism Evaluation Supports Protest

By Hon. Jack Delman In Apogee Engineering, LLC, 2019 CPD 85, 2019 WL 927366 (February 21, 2019), the GAO recently sustained a protest, due to, among other things, the agency’s failure to show that it performed an adequate price realism evaluation as required by the RFP. The Department of Transportation, Office of the Secretary of Transportation (agency), issued the RFP as a competitive set aside under the SBA’s 8(a) program. The RFP contemplated the award of a labor hour contract with fixed-pr
 

Billion Dollar Task Order Protest Sustained Due to Price Determination

By Tyler Freiberger, One of the most common frustrations in preparing bid protests for government contractors is the feeling that protests centered on stark price differences are dead on arrival due to the vague nature of “price reasonableness evaluations” and the seemingly infinite deference a federal agency has on that determination. However, as shown in a recent Government Accountability Office (“GAO”) decision, there is hope as the GAO increasingly pushes back on agencies’ unspecified or co
 

Best Practices for Best In Class Contract Management

By Angel N. Davis, Once upon a time, most Government Contracting firms were small. As we all know, growing a business is no small achievement and requires a tremendous amount of perseverance, hard work and a dedicated team focused on delivering exceptional products and services to your customers. Building It Government Contracting businesses have the potential for substantial growth margins. So, when launching your first-class contracting business, you’ll first want to develop a business plan
 

Mass Modifications – How to Stay Up to Date with GSA Solicitation Refreshes

By JW Butler The General Services Administration (GSA) will occasionally refresh the terms and conditions across all of the GSA Schedule solicitations. When a Schedule solicitation refreshes, it can be for several reasons such as adding, deleting, or amending Federal Acquisition Regulation (FAR) or General Services Administration Acquisition Regulation (GSAR) clauses or adding or revising the Special Item Numbers (SINs). Occasionally, the refresh contains simple formatting or spelling changes.
 

Actual False Claim Not Needed For Viable FCA Retaliation Claim?

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
 

Federal IT Modernization: Why It’s Important to Government Contractors in 2019

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
 

Expansion of Buy American Act Requirements are Coming – Including the Addition of Cyber Projects

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
 

Protecting a Forgetful Government – “Christian Doctrine” Alive and Well!

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)
 

Protecting a Forgetful Government – “Christian Doctrine” Alive and Well!

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)
 

Disabled Workers Hit Hard by Shutdown

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
 

Disabled Workers Hit Hard by Shutdown

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
 

Disabled Workers Hit Hard by Shutdown

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
 

The Great Migration: GSA Sales Reporting and IFF Transition – 72A to FAS SRP

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
 

The Great Migration: GSA Sales Reporting and IFF Transition – 72A to FAS SRP

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
 

The Great Migration: GSA Sales Reporting and IFF Transition – 72A to FAS SRP

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
 

OCI and FCA: Two Acronyms You Never Want to See Together…

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
 

OCI and FCA: Two Acronyms You Never Want to See Together…

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
 

OCI and FCA: Two Acronyms You Never Want to See Together…

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
 

2019 Trend Predictions for the Government Contracting Industry

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
 

2019 Trend Predictions for the Government Contracting Industry

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
 

2019 Trend Predictions for the Government Contracting Industry

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
 

The Ghosts of Performances Past (Or Lack Of)

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’

Centre Law & Consulting

Centre Law & Consulting

 

The Ghosts of Performances Past (Or Lack Of)

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’

Centre Law & Consulting

Centre Law & Consulting

 

The Ghosts of Performances Past (Or Lack Of)

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’

Centre Law & Consulting

Centre Law & Consulting

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