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Blogs

The Wifcon Blog

Look What GSA Forgot

The General Services Administration (GSA) has about 19,000 Multiple Award Schedule (MAS) contracts. About 80 percent are contracts with small businesses. Last year, GSA proposed terminating thousands of small business contracts for not meeting the $25,000 annual sales threshold. Apparently, GSA forgot to pay the contractors something--$2,500. The House Committee on Small Business did some checking--more likely someone told them--and found that GSA owed some money. Here is the story. You
The Wifcon Blog

Some Thoughts On "FPIF Math"

As we all know, federal agency budgets are being cut. Those cuts will work their way into contracting programs. Of course, that made me think about the abuse of the fixed-price incentive firm target (FPIF) contract. Almost a decade ago, I posted an article I titled The Fixed-Price Incentive Firm Target Contract: Not As Firm As the Name Suggests. The abuse I mention there requires a special skill and an understanding of what can be done with the FPIF. These skills were at their peak in the
The Wifcon Blog

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

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 description of the issue in the Sharp case. On September 18, 2001, the General Services Administration (GSA) awarded a multiple award schedule (MAS) cont
The Wifcon Blog

Unilateral Or Bilateral, That Is The Answer

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 federal contracting and here is a story about one such dog. On February 27, 2009, the Army National Guard and Glasgow Investigative Solutions, Inc. (GIS)
The Wifcon Blog

Offerors Need To Understand The Pricing Scheme And Any Caveats

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 year. On March 10, 2009, Lakeshore filed a claim with the contracting officer seeking $1,996,152.40 for losses it incurred while performing d
The Wifcon Blog

The Case Of The Reluctant Subcontractors

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 program. UPMC contracted with the U. S. Office of Personnel Management (OPM) to provide coverage for federal employees in the Federal Employees
The Wifcon Blog

Justice From The Tenth Circuit

" . . . 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 . . . , [the contractor's] owner." See the judgment at ca10.uscourts.gov (pdf).
The Wifcon Blog

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

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.
The Wifcon Blog

Termination For Convenienience: Not As Convenent As One Might Think

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 of the 2 contracts under the solicitations, the contracts weren't rewarding--at least for the contracted items. (TigerSwan did claim damages of $
The Wifcon Blog

Two Days To Remember

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 claim to the SBA contracting officer seeking $135,013.27 from the SBA for increases in the minimum wages during EPSI's period of performance fr
The Wifcon Blog

The Congressional Budget Office Compares Apples And Oranges

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–in 2013 dollars–between 2014 to 2030. The CBO did a report that compares the Army’s plan for the GCV with four other alternatives. Although none of
The Wifcon Blog

Camp Pendleton Contracting Official Arrested On Bribery Charges

"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 business at Camp Pendleton and allegedly referred to himself as the Godfather at Camp Pendleton; Cervantes is currently a U.S. Department of Defense empl
The Wifcon Blog

Contractors Up For Suspension

"A bipartisan group of senators led by U.S. Senator Jeanne Shaheen (D-NH) are expressing continued concern and frustration over the Army's use of contractors that have potential ties to terrorist groups. The senators specifically referred to a longstanding backlog of 43 referrals pending before the Army's Suspension and Debarment Official that involve individuals or companies with links to groups including the Haqqani Network and Al Qaeda as reason for concern that underscores the Army's need t
The Wifcon Blog

Is That The Milky Way Galaxy?

"What you’re looking at is a cell in the midst of dividing into two identical copies—a process called mitosis. Here, the chromosomes (in blue) are aligned at the cell’s equator. Microtubules (red) from opposite poles of the cell attach to the chromosomes using the kinetochores (green) and pull them to opposite ends of the cell, which then splits in half. But sometimes cells do not divide properly—a common problem in cancer. Understanding the mechanics of cell division could help us correct this
The Wifcon Blog

Frankenstein's Monster

You are a program officer with big "wants" but with little federal money. Your contracting officer is not familiar with hiding overruns in an FPI(F) contract--yet. Besides, you have never heard of it--yet. What to do? Well, this politician knows best. With a little luck and plenty of ignorance, you may see the "fixed price technical competition, under which all offerors compete solely on nonprice factors and the fixed award price is pre-announced in the solicitation." Let's think about thi
The Wifcon Blog

Another One Bites The Dust

". . . in the current fiscal climate, agencies and businesses alike have been forced to make tough spending cuts. After carefully reviewing the projected spending and attendance for this year’s conference, GSA is suspending Expo for 2013 in an effort to use our resources responsibly and to deliver better value and savings for our government partners, our vendors, and the American people." See it at gsa.gov.
Don Mansfield's Blog

Are Government Personnel Much Different Than Contractor Personnel?

This morning I read two different threads in the Wifcon forum. In the first thread, the discussion centered on late Government payments. (See “Significant Delays in voucher review/approval”). Some of the participants shared stories of how the Government does not consistently respect contractual payment due dates. Because some contractors are reluctant to enforce their rights under the payment clauses of their contracts, the Government continues to take advantage of them. One poster put it t
The Wifcon Blog

When The Rule Is Mandatory, It Means Mandatory!

You're travelling on your own for the government and you found a way to save money but you're subject to the Joint Travel Regulations as well as the Federal Travel Regulation. What do you do? You went ahead and saved the government money and were proud of yourself. Unfortunately, your finance office stiffed you when it came time for payment. Its time to learn about rules that are mandatory. See the case at cbca.gsa.gov. (it is only 2 pages.)
The Wifcon Blog

GSA Schedule Contractors: CTA or Prime/Subcontractor Relationship?

"Under a Contractor Team Arrangement (CTA), two or more GSA Schedule contractors work together to meet ordering activity needs. By complementing each other's capabilities, the team offers a total solution to the ordering activity's requirement, providing a "win-win" situation for all parties." But what is a Prime/Subcontractor relationship and what is the difference from a CTA? Let GSA explain. See the information at gsa.gov.
The Wifcon Blog

The Hobbit: An Unexpected Contract Analysis

One of our colleagues sent this to me and I am posting it for you. Even Bilbo Baggins has a contract attorney to watch over him. "I, the undersigned, [referred to hereinafter as Burglar,] agree to travel to the Lonely Mountain, path to be determined by Thorin Oakenshield, who has a right to alter the course of the journey at his so choosing, without prior notification and/or liability for accident or injury incurred." "The aforementioned journey and subsequent extraction from the Lonely Mo
The Wifcon Blog

Design Defects & Differing Site Conditions

Searching for an item to post is time-consuming and frustrating. However, some times an item pops up from an unexpected place. In this case, it was the U. S. Civilian Board of Contract Appeals. The case is straightforward and easy to read and contains some excerpts that are noteworthy. Here is what the Board said: "Our view is in line with the contractor's. Although Drennon's technique for excavating the hillside may not have been ideal, due to the defects in the design of the project and
The Wifcon Blog

The Sovereign Has Not Consented To Be Sued

In Estes Express Lines, Inc. v. U. S., No. 11-597C, January 15, 2013, the Court of Federal Claims said: "For the government to be sued on a contract pursuant to the Tucker Act, there must be privity of contract between the plaintiff and the United States." "This is so because the doctrine of sovereign immunity precludes a suit against the United States without its consent and because, under the Tucker Act, the United States has 'consent[ed] to be sued only by those with whom it has privity
The Wifcon Blog

Government Contracting Improvement Act of 2012?

At this time of year, newly introduced legislation often is introduced and then quickly enters oblivion. I checked this Senator's committee and subcommitee assignments and did not find any direct link to federal contracting. Maybe that explains it. "Sen. Toomey's bill would require the GAO to include the most common reasons bid protests are sustained. This additional information could help federal agencies identify needed improvements in the contracting process, reduce the number of protests

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