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The Wifcon Blog

Is FAR 8.406-6 As Easy As "May" and "Shall"?

Posted by bob7947, 08 May 2013 · 1,252 views

I was reading a decision of the Armed Services Board of Contract Appeals (ASBCA) about a week ago and I found the following.Why read the ASBCA decision when I could go straight to the horse's mouth!  So I searched the Court of Appeals for the Federal Circuit (CAFC) web site and I found the Sharp decision--and it was recent.  Here is a brief descri...

Unilateral Or Bilateral, That Is The Answer

Posted by bob7947, 26 April 2013 · 1,579 views

We've all seen this before.  The government and contractor sign a contract with a base period and several 1-year options.  Sometimes, the 1-year option periods even mirror the government's fiscal year.  A nice little puppy.  Then, the harsh realities of government take over and our little puppy grows into an unwieldy mongrel.  Such is life in fede...

Offerors Need To Understand The Pricing Scheme And Any Caveats

Posted by bob7947, 21 April 2013 · 1,468 views

On April 26, 2007, the Army awarded an indefinite delivery, indefinite quantity, fixed price, job-order contract to Lakeshore Engineering Services, Inc., for repair, maintenance, and construction services at Fort Rucker, Alabama.  Lakeshore performed 79 construction delivery orders in the base year and 74 construction delivery orders in the first option...

The Case Of The Reluctant Subcontractors

Posted by bob7947, 18 April 2013 · 676 views

In the U. S. District Court for the District of Columbia, a recent opinion was issued in which 3 hospitals wanted to avoid being labled as government subcontractors to avoid the Department of Labor's rules covering subcontractors.  The hospitals had contracts with UPMC Health Plan to provide medical services and supplies to individuals enrolled in its...

Justice From The Tenth Circuit

Posted by bob7947, 17 April 2013 · 587 views

" . . . was on the take. At the New Mexico Department of Corrections she was responsible for selecting the best contractors to perform maintenance work for the State. Instead and bypassing any public bidding process, she awarded about $4 million in contracts to . . . over the course of three years -- receiving about $237,000 in return from ....

If You Want A Contract, Don't Have A "Seriously Delinquent Tax Debt"

Posted by bob7947, 15 April 2013 · 606 views

H. R. 882, the Contracting and Tax Accountability Act of 2013  passed  the House of Representatives on April 15, 2013.    The bill would lead to a nice amount of paperwork, new criteria for determining contractor responsibility, and opportunity for debarment.    A copy of the bill, as reported from committee, is here .

Termination For Convenienience: Not As Convenent As One Might Think

Posted by bob7947, 14 April 2013 · 943 views

In 2010, the U.S. Central Command's Task Force for Business and Stability Operations, had a requirement  for security services to facilitate investment and commerce in Iraq.  This blog entry deals with the 2 competitive solicitations and contracts that led to a case before the Court of Federal Claims (COFC).  Unfortunately for Tigerswan, the awardee o...

Two Days To Remember

Posted by bob7947, 05 April 2013 · 703 views

The government has plenty of rules involving time.  In certain circumstances, an offeror has 10 days to submit a protest.  On the other end of the process, contractors have so much time to submit a claim or to respond to a contracting officer's final decision.  Here is one case involving time limits:     On April 26, 2012, EPSI submitted a certified c...

The Congressional Budget Office Compares Apples And Oranges

Posted by bob7947, 03 April 2013 · 662 views

The Army plans to develop and procure a new Ground Combat Vehicle (GCV) that will do two things:  1) operate as a combat vehicle and 2) transport soldiers onto the battlefield. The GCV would replace the current Bradley Infantry Fighting Vehicles.  The Congressional Budget Office (CBO) believes that implementing the GCV program would cost $29 billion...

Camp Pendleton Contracting Official Arrested On Bribery Charges

Posted by bob7947, 03 April 2013 · 690 views

"According to the complaint, filed in this matter with the United States District Court, Southern District of California, case number 13MJ1269, Cervantes is charged specifically with violating Title 18, United States Code (U.S.C.) Section 201 ( B )(2), bribery. Cervantes allegedly used his position to extort bribes from businesses seeking to do busine...