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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)

Centre Law & Consulting

Centre Law & Consulting

VA Reduces Administrative Burden on SDVOSBs and VOSBs

The Department of Veterans Affairs (VA) published an Interim Final Rule in the February 21, 2017, edition of the Federal Register, increasing the period for re-verification examination by VA’s Center for Verification and Evaluation (CVE) of Service-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB) program participants from two years to three years. Purpose The purpose of this change, effective February 21, 2017, is to reduce the administrative burden on SDV

Dirty Rotten Scoundrels

Trick question, how much does the government charge contractors to register for SAM or any other government database?  The answer is zero, zip, zilch.   There is no charge to register for any government database.  And neither the Wizard of Oz nor any of these vendors can get you no bid contracts from any federal agency. Let’s start with Mr. Pirolo and his FEMA contract registration scheme. FEMA Contract Registration.   Michael Pirolo, the owner of Government Contract Registry (GCR) was sentence

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

Centre Law & Consulting

Centre Law & Consulting

CPARS: It’s a Ratings Game

By Angel N. Davis, As a government contractor, you should understand that the Contractor Performance Assessment Report (CPAR) may very well be a predictor of how your organization might fair with future business opportunities. But don’t panic; having a better understanding of the ratings and the value of the CPAR will help you to develop a strategy for the best possible outcome. Understand the Ratings Before reviewing your CPAR, it is essential that you understand what each rating means as we

Barbara Kinosky Speaker at the 21st Annual Government Contracting Update

Mrs. Kinosky has been invited to speak during the “Enterprise Risk Management Session – Managing Fraud Risk through ERM and current trends with GSA Price Reductions” on Thursday, May 5, 2016 at 11:10am in Tysons Corner, VA. About Barbara Kinosky Barbara Kinosky is the Managing Partner of Centre Law and Consulting and has over twenty-five years of experience in all aspects of federal government contracting. Barbara is a nationally known expert on GSA and VA Schedules and the Service Contract Ac

GSA BREAKING NEWS – CONSOLIDATION OF 24 SCHEDULES INTO ONE SINGLE SCHEDULE

By Maureen Jamieson On November 27, 2018, GSA announced they will be consolidating their 24 Multiple Award Schedules (MAS) into one single Schedule for both products and services. The consolidated schedule will come with one set of terms and conditions. According to GSA, the reason for the consolidation is to make it easier and more efficient to do business with federal, state and local governments. When will the consolidation take place? According to Multiple Award Schedules Program Manageme

Centre Law & Consulting

Centre Law & Consulting

EEOC Issues New Publication on Employer-Provided Leave Under ADA

Earlier this week, the Equal Employment Opportunity Commission (EEOC) issued a publication related to the rights of individuals with disabilities under the Americans with Disabilities Act (ADA) when requesting leave from work as a reasonable accommodation. While the ADA clearly requires employers provide qualified disabled individuals with a “reasonable accommodation” to permit the individual to perform the essential functions of the job, the entitlement to leave as such an accommodation has bee

Looking Back at GAO Bid Protest Trends from 2017

By Heather Mims GAO recently released its bid protest statistics for fiscal year 2017. The number of bid protests filed saw a slight decrease from 2016 but, overall, the effectiveness rate remained fairly even. Specifically, 2,596 cases were filed at the GAO in fiscal year 2017, which is down 7% compared to the 2,789 cases that were filed in fiscal year 2016. However, the GAO’s “effectiveness rate,” which includes voluntary agency corrective active and sustained protests, remained virtually un

Centre Law & Consulting

Centre Law & Consulting

Costs for Filing Bid Protest Denied Even When Agency Does Not Dispute a Meritorious Protest

In a recent GAO decision, Boise Cascade Wood Products, LLC, B-413987.2 (Apr. 3, 2017), the GAO denied a small business’ request for reimbursement of the costs of filing and pursing a bid protest where the protester argued that the agency unduly delayed taking corrective action in the face of a clearly meritorious protest. In this matter, the protester pursued a protest against the Forest Service, which involved both a timber sale and a procurement of services. Specifically, the Forest Service i

New Decisions in Bid Protests and How Kim Kardashian Made It to the Supreme Court

Potential Intervenors Denied Intervention in Multi-Billion Dollar Protest as Having No Legal “Interest” in Protest The Court of Federal Claims issued a decision on September 27, 2016 denying two motions to intervene in a bid protest. Nevada Site Science Support and Technologies Corporation (NVS3T) filed a bid protest alleging that the Department of Energy’s decision to rescind a multi-billion dollar contract awarded to it based on ownership issues involving the Plaintiff was arbitrary and capr

What’s In A Name?

In its July 17, 2017, decision the GAO partially sustained a protest after an agency conducted an unreasonable past performance evaluation. Timberline LLC’s award for the maintenance and deactivation of manufactured housing units in Louisiana was protested by MLU services after MLU noticed an oddity about Timberline LLC’s submitted past performance history. Put simply, the contracts submitted for evaluation were not Timberline LLC’s. In fact, the past contracts were not even the Timberline LLC’

Third Time’s the Charm? Not so Much for this Protester

In its July 28, 2017 decision, the GAO denied a protest and found an agency’s decision to negotiate a sole-source contract with a Historically Underutilized Business Zone (HUBZone) to be reasonable based on the agency’s lack of progress in meeting its HUBZone goals. JRS Staffing Services, B-414630, B414630.2 (July 28, 2017). The original solicitation process from the Department of Justice, Bureau of Prisons (BOP), underwent several rounds. The BOP originally issued a solicitation without any re

Mandatory Sick Leave Giving Service Contractors A Headache

By David Warner On September 15, 2015, President Obama signed the Executive Order requiring federal contractors and subcontractors to provide one hour of paid sick leave for every 30 hours worked, up to at least seven days per year. Both the EO and its implementing regulations, finalized on September 30, 2016, made clear that the EO only applied to “new contracts,” defined as contracts with the Federal Government that result from solicitations issued on or after January 1, 2017, or that are awa

Centre Law & Consulting

Centre Law & Consulting

Groundhog Day Again, Counterfeit Parts, Too Many Boxes

It’s been a bit chaotic around here recently and I’m surrounded by boxes everywhere I look. More on that below. But I did have a few minutes to catch up on some big developments that have been going on in the federal contracting world. These are a few things that caught my attention, and we’ll see what kind of impact they have for us on the road ahead. Acquisition Reform Once More Holy guacamole. It’s 2007 all over again. Does anyone remember the Services Acquisition Reform Act of 2003 (SARA)?

Centre Law & Consulting

Centre Law & Consulting

Debriefings: A Modest Proposal

By William Weisberg, Esq., So, I was asking myself, what about government contracts drives me up a wall?  More particularly, what is most frustrating to me, as a practicing procurement lawyer?  Easy: debriefings.  We (at least contractor “we”) have participated in debriefings where the government “script” was some variation on: “Your proposal was terrible.  Here is [insert the absolute minimum to fill up a page or five minutes of phone time, no matter the size or complexity of the procurement].

Centre Law & Consulting

Centre Law & Consulting

OTAs Are Totally, Completely, Amazingly, Revolutionizing Government Procurement. (Not)

By William Weisberg, Every year, the swallows return to Capistrano, the leaves change (at least here in Northern Virginia), and something comes along to revolutionize federal procurement.  LPTA procurements.  Data rights clauses.  FAR part 13. Fixed-price development contracts (if you are old enough to remember those pre-FAR days).  And now…” Other Transaction Authority” (“OTA”).  Avoid all of those pesky statutes and regulations and move FAST!  Sounds good? Sure.  What does it mean?  Read on.

Centre Law & Consulting

Centre Law & Consulting

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

Centre Law & Consulting

Centre Law & Consulting

The Overhaul of the U.S. Export Controls Will Benefit Small Businesses

Currently, the U.S. Government is revising the U.S. export control and enforcement framework.  The new system is designed to facilitate efficiencies and coordination within the U.S. Government, protect national security and critical technologies, and cut costs to U.S. exporters.  However, compliance will remain paramount because the U.S. Government is also consolidating its enforcement mechanisms. Background: In August 2009, President Obama directed a broad-based inter-agency review of the U.S

Saying “More” When “Less” Will Do: Misleading Pre-Award Discussions Support Protest

By Hon. Jack Delman In Total Home Health (THH), 2019 WL 1953001 (April 26, 2019), the GAO recently sustained a protest on the grounds that the Department of Veterans Affairs (VA) misled an offeror during pre-award price discussions. The Background The VA issued an RFP seeking proposals on multiple CLINs to provide home respiratory services and durable equipment for a VA network.  Award was to be made on a “Lowest Price Technically Acceptable” basis.  The VA received six proposals, including t

GSA’s Horizontal Tilt Plus Three Things to Know

It’s A Slant Downward When you negotiate a GSA Schedule or renewal, the GSA contracting officer reviews your pricing against, well, your past pricing. But when GSA buyers buy, they will now have tools to compare your pricing with the competition. It started with transactional data reporting, and now GSA is openly moving to a horizontal pricing model at least for products. Your carefully prepared sales data to get a product or service on schedule is becoming meaningless as GSA implements more to

FAR “Fake” News! FAR Amended to Require Reporting of Counterfeit Items

By Hon. Jack Delman Background On November 22, 2019, the DOD, GSA and NASA jointly issued a final FAR rule, effective December 23, 2019, amending the FAR to require contractors and subcontractors to report to the “Government – Industry Data Exchange Program” (GIDEP) certain counterfeit or suspected counterfeit parts as well as certain major or critical nonconformances. This final rule implemented–and broadened — the requirements of sections 818(c)4 and (c)5 of the FY 2012 NDAA that required D

Centre Law & Consulting

Centre Law & Consulting

Federal Circuit Reverses $80,000 Fee Award in Bid Protest

In a recent ruling, the Federal Circuit in Dellew Corporation v. United States reversed a legal fees award to a contractor because the agency had taken corrective action on the bid protest before it was decided in court on the merits. In initially awarding the fees and costs, the Court of Federal Claims found that comments it made during the hearing and prior to the Government taking corrective action materially altered the position of the parties so that the contractor qualified as a “prevaili

How to Lose an Award in a Single Email Exchange

Federal contractors often feel a great sense of relief when they are selected for an award. However, the recent GAO decision  regarding a request for quotations for supplying diesel shows just how quickly a business relationship with the federal government can sour. Bluehorse Corporation, an Indian Small Business, successfully submitted the lowest price quote on supply and delivery of around 30,000 gallons of diesel for use in a construction project. The Request for Quotations stated; “All fuel

Contractor Claims in a COVID-19 World

By Hon. Jack Delman Our new COVID-19 (COVID) world brings special risks and unanticipated cost in the performance of federal contracts, particularly for those contractors holding fixed price contracts. Below we suggest various ways through which a contractor can mitigate some of these challenges. YOUR RIGHTS UNDER YOUR CONTRACT AND THE LAW If COVID impacts the timeliness of your performance, you should be entitled to additional time to perform your contract. It is likely that COVID will be co
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