April 2, 2013
The FAR Council recently issued a proposed rule to amend the Federal Acquisition Regulation (FAR) to implement the Small Business Administration’s (SBA) revisions to its small business size and status protest and appeal procedures. Although SBA’s revisions to its protest and appeals procedures are not new – they were issued over 2 years ago – the amendments to the FAR are necessary to…
January 11, 2013
As we reported previously, one of the first Executive Orders issued after President Obama took office in 2009 related to a contractor’s or subcontractor’s ability to hire new employees when a contract to provide services to the Federal Government expires and a new contract for the same services is awarded to a different contractor. Executive Order 13495, Nondisplacement of Qualified…
November 15, 2012
Over the last several months and right up through the recent election, there has been much public discussion about possible sequestration and its automatic and severe budget cuts to defense and domestic federal spending that are supposed to take effect January 2, 2013. Given the uncertainty surrounding these billions in potential federal budget cuts and their possible effect on large…
November 9, 2012
The Armed Services Board of Contract Appeals (ASBCA) recently ruled on an appeal of a decision by the Defense Contract Management Agency (“DCMA”) regarding allowable costs under the FAR. Although the case involves a relatively small amount of money, it is instructive regarding the types of indirect costs that are allowable and chargeable to the Government.
In Thomas Associates, Inc., ASBCA…
October 16, 2012
In the recent decision of APAC-Southeast, Inc. n/k/a Oldcastle Southern Group, ASBCA No. 58057 (Sept. 27, 2012), the Armed Services Board of Contract Appeals (ASBCA) expressly adopted the Federal Circuit’s interpretation of FAR 52.217-8 and 52.217-9, two standard clauses providing for contract extensions in holding that the Government may extend services under the fixed price of the contract even…
October 8, 2012
It still comes as a surprise to some contractors that the Government is not required to talk with them about their proposal and, even when it does, that it is not required to have the same conversation with them as it does with their competitors. This is particularly true in FAR Part 8 procurements under a GSA Federal Supply Schedule. So, don't be surprised if the Government won't…
October 2, 2012
The Government’s continued emphasis on rooting out fraud, waste and abuse appears to be paying off, at least in terms of the increased number of contractors being identified as ineligible for federal government contracts.
According to a new report touted by Office of Federal Procurement Policy Administrator Joe Jordan, suspensions and debarments of contractors that violate federal contracting…
September 25, 2012
A new FAR clause at 52.232-99 requires prime contractors, upon receipt of accelerated payments from the Government, to pay small business subcontractors on an accelerated timetable to the maximum extent practicable. This clause is effective immediately, and Contracting Officers are instructed to insert this clause in all new solicitations and resultant contracts and, to the extent feasible,…
September 20, 2012
A recent case provides a helpful reminder that small business set-asides generally must be tied to a single NAICS code.
In NAICS Appeals of: edCount, LLC, SBA No. NAICS-5396 (Aug. 31, 2012), the Department of Education had published a synopsis of a small business set-aside citing two NAICS codes: “Codes of 541720 - Research and Development in the Social Sciences and Humanities [$7 million]…
September 18, 2012
We all know it is very difficult to predict the weather. A government contractor learned that lesson the hard way -- the Civilian Board of Contract Appeals (CBCA) recently decided that even though a government contractor performed over $100,000 in snow removal from a government facility, in a year in which the snow fell at three times the average rate, the Government would not pay for it because…
September 11, 2012
A recent GAO case confirms the Government’s obligation to perform proper price/technical tradeoffs in best value procurements.
In J.R. Conkey & Associates, Inc. dba Solar Power Integrators, B-406024.4 (Comp. Gen. Aug. 22, 2012), the Government’s price/technical tradeoff analysis included only the three proposals with the highest technical scores. The Government did not consider…
September 4, 2012
We have found that many companies are confused by changes to SBA’s Joint Venture rules, particularly concerning the contracts for which each joint venture may bid and receive before the parties must establish a new, separate, joint venture. Such confusion results in companies either losing bidding opportunities or incurring unnecessary costs to set-up successive new joint ventures…
April 2, 2013
The FAR Council recently issued a proposed rule to amend the Federal Acquisition Regulation (FAR) to implement the Small Business Administration’s (SBA) revisions to its small business size and status protest and appeal procedures. Although SBA’s revisions to its protest and appeals procedures are not new – they were issued over 2 years ago – the amendments to the FAR are necessary to…
January 11, 2013
As we reported previously, one of the first Executive Orders issued after President Obama took office in 2009 related to a contractor’s or subcontractor’s ability to hire new employees when a contract to provide services to the Federal Government expires and a new contract for the same services is awarded to a different contractor. Executive Order 13495, Nondisplacement of Qualified…
November 15, 2012
Over the last several months and right up through the recent election, there has been much public discussion about possible sequestration and its automatic and severe budget cuts to defense and domestic federal spending that are supposed to take effect January 2, 2013. Given the uncertainty surrounding these billions in potential federal budget cuts and their possible effect on large…
November 9, 2012
The Armed Services Board of Contract Appeals (ASBCA) recently ruled on an appeal of a decision by the Defense Contract Management Agency (“DCMA”) regarding allowable costs under the FAR. Although the case involves a relatively small amount of money, it is instructive regarding the types of indirect costs that are allowable and chargeable to the Government.
In Thomas Associates, Inc., ASBCA…
October 16, 2012
In the recent decision of APAC-Southeast, Inc. n/k/a Oldcastle Southern Group, ASBCA No. 58057 (Sept. 27, 2012), the Armed Services Board of Contract Appeals (ASBCA) expressly adopted the Federal Circuit’s interpretation of FAR 52.217-8 and 52.217-9, two standard clauses providing for contract extensions in holding that the Government may extend services under the fixed price of the contract even…
October 8, 2012
It still comes as a surprise to some contractors that the Government is not required to talk with them about their proposal and, even when it does, that it is not required to have the same conversation with them as it does with their competitors. This is particularly true in FAR Part 8 procurements under a GSA Federal Supply Schedule. So, don't be surprised if the Government won't…
October 2, 2012
The Government’s continued emphasis on rooting out fraud, waste and abuse appears to be paying off, at least in terms of the increased number of contractors being identified as ineligible for federal government contracts.
According to a new report touted by Office of Federal Procurement Policy Administrator Joe Jordan, suspensions and debarments of contractors that violate federal contracting…
September 25, 2012
A new FAR clause at 52.232-99 requires prime contractors, upon receipt of accelerated payments from the Government, to pay small business subcontractors on an accelerated timetable to the maximum extent practicable. This clause is effective immediately, and Contracting Officers are instructed to insert this clause in all new solicitations and resultant contracts and, to the extent feasible,…
September 20, 2012
A recent case provides a helpful reminder that small business set-asides generally must be tied to a single NAICS code.
In NAICS Appeals of: edCount, LLC, SBA No. NAICS-5396 (Aug. 31, 2012), the Department of Education had published a synopsis of a small business set-aside citing two NAICS codes: “Codes of 541720 - Research and Development in the Social Sciences and Humanities [$7 million]…
September 18, 2012
We all know it is very difficult to predict the weather. A government contractor learned that lesson the hard way -- the Civilian Board of Contract Appeals (CBCA) recently decided that even though a government contractor performed over $100,000 in snow removal from a government facility, in a year in which the snow fell at three times the average rate, the Government would not pay for it because…
September 11, 2012
A recent GAO case confirms the Government’s obligation to perform proper price/technical tradeoffs in best value procurements.
In J.R. Conkey & Associates, Inc. dba Solar Power Integrators, B-406024.4 (Comp. Gen. Aug. 22, 2012), the Government’s price/technical tradeoff analysis included only the three proposals with the highest technical scores. The Government did not consider…
September 4, 2012
We have found that many companies are confused by changes to SBA’s Joint Venture rules, particularly concerning the contracts for which each joint venture may bid and receive before the parties must establish a new, separate, joint venture. Such confusion results in companies either losing bidding opportunities or incurring unnecessary costs to set-up successive new joint ventures…
