Counting the Government as a customer is a huge win for your business, and can provide both profit and prestige. But in Government contracts, what you don’t know can hurt you. Patterns of Procurement helps contractors and their in-house counsel maneuver the tricky terrain. In the blog, Joseph Petrillo of Washington D.C.’s Petrillo &Powell, P.L.L.C, shares the latest and most significant industry cases, augmented by his unique perspective gleaned over 40+ years practicing Government Contract Law.
For the last several years, the DoD has bulked up regulations aimed at detecting and preventing electronic counterfeit parts within Government contracts. Two major clauses apply these regulations to defense contractors: “Contractor Counterfeit Electronic Part Detection and Avoidance System,” and “Sources of Electronic Parts.” Here’s a summary of the main points of each clause.
Statute and regulation prevent public access to contractor past performance information. That said, contractors who contest poor performance reviews in Court or at a board may unintentionally put themselves at risk to have the details of the matter released in a public decision. Such was the case for Torres Advanced Enterprise Solutions, whose recent protest at the COFC inadvertently lead to their performance issues becoming a matter of public record. The case serves as a cautionary tale for other contractors considering whether to contest a poor performance review.
Sometimes multiple contractors earn spots on Indefinite Delivery, Indefinite Quantity (IDIQ) contracts, which allow for an undetermined quantity of supplies or services during a fixed period of time, as outlined in FAR. But what happens when winning contractors have reservations about the competitors who earn contracts alongside them? DaeKee Global Co. found itself in such a situation, and reacted by protesting the terms of the solicitation. Read on to learn how GAO and the COFC responded to such protests, and what this means for contractors concerned about their bedfellows in IDIQ contracts.