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GAO Report: Offshoring/Foreign Direct Investment – Risks to the Defense Supplier Base?

By Hon. Jack Delman   Under the FY 2018 NDAA, House and Senate Committee Reports called for GAO to examine the effects of Offshoring (OS) and Foreign Direct Investment (FDI) on the Defense Supplier Base. GAO reviewed the available public data and convened a panel of experts from academia, industry, and government to address the issues.  It submitted a lengthy report to Congress on September 5, 2019, and we provide a brief summary below. There was no consensus on the definition of OS. Broadly

Centre Law & Consulting

Centre Law & Consulting

GAO Rejects “One and Done” Line Item Evaluation

In its August 25, 2017 decision the GAO sustained a bid protest from David Jones CPA PC (“Jones”) on the Department of Veterans Affairs’ (“VA”) refusal to establish a blanket purchase agreement following a request for quotations on Equal Employment Opportunity claims investigations. The principle issue of the decision revolved around the VA’s elimination of Jones’ proposal because of a single line item. The solicitation advised offerors that technical approach was significantly more important t

Centre Law & Consulting

Centre Law & Consulting

GAO Finds That DOD Faced Fraud and National Security Risks From Contracting in 2019

By Heather Mims, Esq. The Government Accountability Office (“GAO”) published a report on November 25, 2019 which recommended that the Department of Defense (“DOD”) should include an assessment of risks related to contractor ownership as part of its ongoing efforts to conduct fraud risk assessments.  See Ongoing DOD Fraud Risk Assessment Efforts Should Include Contractor Ownership. In coming to this recommendation, the GAO reviewed thirty-two adjudicated cases between 2012 and 2018, including c

Centre Law & Consulting

Centre Law & Consulting

GAO Dismissed Protest Because Protester Failed to Allege Sufficient Basis for Protest

On August 29, 2016, the Air Force issued an RFP seeking base operations support services at an Air Force Base in Mississippi. The solicitation advised offerors that the agency would award the contract “to the proposal with the lowest evaluated price from among those proposals evaluated to be acceptable.” The RFP further stated that the technical evaluation team would evaluate the lowest-price offeror and then, as needed, evaluate higher priced offerors in order of price rank, to assign a rating

GAO Bid Protest Statistics Are Out And Show Changes To Most Prevalent Grounds For Sustaining Protests

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

Centre Law & Consulting

Centre Law & Consulting

GAO Bid Protest Statistics Are Out And Show Changes To Most Prevalent Grounds For Sustaining Protests

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

Centre Law & Consulting

Centre Law & Consulting

GAO Bid Protest Statistics Are Out And Show Changes To Most Prevalent Grounds For Sustaining Protests

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

Centre Law & Consulting

Centre Law & Consulting

GAO Annual Bid Protest Report 2021

Legal Services Government Contracts Law Bid Protests Contract Claims & Disputes Government Contracts Litigation Service Contract Labor Standards Small Business Subcontracting Subcontracts & Teaming Agreements Terminations, Suspensions, and Debarment Buy American Act & Trade Agreements Act Other Transaction Authority (OTA) Litigation, Bid Protests, Claims and Disputes Bid Protests Commercial Litigation Employment Litigation Government

Free Money? Are The Payroll Loans Too Good to Be True?

By Tyler Freiberger, Esq., By now, you’ve heard about the CARES Act and the $350 billion put aside for small businesses. I’m assuming the word is out, given Bank of America alone received 10,000 applications in just the first hour it opened it’s online portal to accept the applications. If you haven’t, the short story is that private lenders are beings tasked to provide loans to small businesses that cover 100% of eight weeks’ payroll, nicknamed the “PPP loans.” The best part, these loans will

Fraud Alert: SAM Website Hit Again

By Wayne Simpson, CFCM, CSCM Thousands of Registrants Potential Fraud Victims—Check Your Info!! Once again, the Federal Government’s System for Award Management (SAM) (www.sam.gov) was the target of fraudulent activity. SAM is the official website of the United States Government for entities to register to do business with the Federal Government. The U.S. General Services Administration (GSA), the Federal agency responsible for administering the SAM System, began notifying registrants on Marc

Forty Million More Reasons To Care About Workplace Equity

By David Warner,   Actually “40,569,816 reasons,” to be exact. Last week the Office of Federal Contract Compliance Programs (OFCCP) issued a press release lauding its performance in fiscal year 2019 in which it obtained a record-setting $40,569,816 in monetary settlements from federal contractors. The results reflect a more than sixty-five percent (65%) increase over the agency’s prior record that was set in FY 2017. Indeed, the agency’s three-year total recovery between FY 2017-2019 is great

Centre Law & Consulting

Centre Law & Consulting

Fixed Costs for Rental Space Survives Challenge

Recently, in the matter of SK Hart Properties LLC, the unsuccessful incumbent contractor for the General Services Administration’s office in Salt Lake City protested the Agency’s decision to use a “fixed tenant improvement allowance.” At its heart, the contractor submitted it does not need the full amount listed for improvements in the solicitation for the contract because its space is relatively prepared for the Agency to use as is. Because the incumbent contractor would not charge the Agency t

Fifteen New Cybersecurity Safeguarding Requirements and Procedures Take Effect

The Federal Government continues to issue more and more cybersecurity rules, Executive Orders and guidance for federal contractors, and the latest addition is the Federal Acquisition Regulation Part 52.204-21 – Basic Safeguarding of Covered Contractor Information Systems, published in June 2016. This new rule establishes new definitions of “Covered Contractor Information System”, “Federal Contract Information”, and outlines 15 new safeguarding requirements and procedures for federal contractors.

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

Federal Contractor Survival Guide (2016 Mid-Year Update)

This guide pinpoints some of the major government contracts-related developments that occurred over the last six months. These developments create new opportunities and compliance requirements that people who conduct business with the Federal Government need to know about. Major Regulatory Developments Compliance: False Claims Act Penalties Almost Double The U.S. Department of Justice issued an interim rule increasing monetary penalties for contractors. Civil monetary penalties under certain

Federal Contractor Breaches Service Contract Act: Thousands of Underpaid Workers

By Barbara Kinosky General Dynamics Information Technology (GDIT) has been accused of underpaying about 10,000 workers allegedly covered by the Service Contract Act (SCA). These workers run help hotlines for public insurance programs. Four complaints were filed Monday at the Department of Labor by the Communication Workers of America. It’s interesting that this union does not represent any of the workers.  There is no private right of action under the SCA so I am a bit perplexed over how this u

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

Federal Circuit Reinforces Government Preference for Commercial Items

By Heather Mims, On September 13, 2018, the United States Court of Appeals for the Federal Circuit ruled that the Army acted arbitrarily and capriciously when it failed to buy commercially available products whenever possible or, in terms of the statute at issue, to the maximum extent practicable. This litigation began when Palantir USG, Inc. filed a pre-award bid protest in the Court of Federal Claims (although Palantir previously filed a pre-award bid protest with the GAO, which was denied).

Centre Law & Consulting

Centre Law & Consulting

Federal Agencies Continued to Exceed Small Business Contract Goals for Fiscal Year 2019

Written by: Heather Mims, Associate Attorney, Centre Law & Consulting Each year, the Small Business Administration (SBA) publishes an annual scorecard to assess how well federal agencies are performing against their small business and socio-economic prime contracting and subcontracting goals. In addition to reporting agency-specific progress, the scorecard provides accurate and transparent contracting data. The SBA works with each agency specifically to set their prime and subcontracting g

Federal Agencies Continued to Exceed Small Business Contract Goals for Fiscal Year 2019

Written by: Heather Mims, Associate Attorney, Centre Law & Consulting Each year, the Small Business Administration (SBA) publishes an annual scorecard to assess how well federal agencies are performing against their small business and socio-economic prime contracting and subcontracting goals. In addition to reporting agency-specific progress, the scorecard provides accurate and transparent contracting data. The SBA works with each agency specifically to set their prime and subcontracting g

Federal Acquisition Regulation (FAR) Update—New Rules

By Wayne Simpson, CFCM, CSCM On May 1, 2018, the General Services Administration (GSA) published FAC 2005-98 in the Federal Register, covering a number of FAR Cases with Final Rules effective May 31, 2018. The online version of the FAR (www.acquisition.gov) will not be updated until May 31, 2018. FAR Case 2017-007, Task-and-Delivery Order Protest; Final Rule, effective May 31, 2018.  This Final Rule amends FAR Part 16 and implements § 835 of the National Defense Authorization Act (NDAA) for Fi

FAR Updates That May Impact Your Small Business

On January 13, 2017, several Federal Acquisition Regulation (FAR) updates went into effect that you should be aware of if you have a small business. The highlights of each rule include: Uniform Use of Line Items – A revised policy statement that requires the use of line items and, as necessary, subline items to improve accuracy, traceability, and usability of procurement data. Acquisition Threshold for Special Emergency Procurement Authority – The simplified acquisition threshold for spec

Centre Law & Consulting

Centre Law & Consulting

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

Failure to Submit Signed JV Agreement Rendered Proposal Technically Unacceptable

In a decision publicly released on Friday, March 31, in CJW-Desbuild JV, LLC, B-414219 (Mar. 17, 2017), the Government Accountability Office (GAO) denied a protest challenging the rejection of a proposal where the contractor had failed to provide a signed joint venture agreement with its proposal. In issuing the RFP, the Department of the Navy, Naval Facilities Engineering Command (NAVFAC) stated that award of the construction and repair contract would be made on a best value basis, with price
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