PubKLaw
Legal news and insights for the government contracts community.

Latest Developments

08/26/2016

Unsigned Contract Modification Not Evidence of Experience with Requirement, GAO B-413155.11, Sevatec, Inc.

Protest challenging elimination from consideration for award is denied where the agency reasonably determined that protester’s submission of an unsigned contract modification document failed to meet the solicitation’s requirement that offerors provide evidence of past experience within a verifiable contractual…
08/26/2016

No Contradiction in Rating Proposal High-Risk for Technical Approach but Low-Risk for Past Performance, GAO B-411842.6, Alliant SB CTA LLC

Protest that the agency used unstated evaluation criteria is denied where the agency reasonably assigned strengths and weaknesses to sub-sections even though they were not separately weighted for evaluation purposes, and protest of the agency’s technical and past performance evaluations…
08/26/2016

Complaint That Agency Did Not Identify Type, Scope of Performance Risks Demonstrates Protester’s Shallow Understanding of Requirements, GAO B-412819, Leader Communications Inc.

Protest alleging the agency’s technical evaluation relied on unstated evaluation criteria is denied where the clear language of the solicitation communicated the criteria challenged by the protester and where the agency was not required to identify each element to be…
08/25/2016

Large Contractor Not an Interested Party to Challenge Size Under Small Business Set-Aside, SBA No. SIZ-5770, Size Appeal of ACR Electronics Inc.

Protest challenging the awardee’s eligibility for a small business set-aside is dismissed as moot, where the Small Business Administration will conduct a full size determination, and the protester, as a large business, is not an interested party to challenge the…
08/25/2016

Court Has Jurisdiction to Review Agency Policy When It Violates FAR, CICA, COFC No. 14-877 C, AugustaWestland North America v. United States

Protest challenging the Army’s policy designating the UH-72A Lakota helicopter as its institutional training helicopter and proposal to purchase additional Lakota aircraft without full and open competition is sustained, where the policy violated competition requirements in the Federal Acquisition Regulation…
08/25/2016

Cannon Design to Pay $12 Million as Part of Criminal Enforcement Program

Cannon Design will pay a $12 million penalty, implement a series of corporate reforms and divest itself from a large project in California to resolve the company’s criminal liability for the conduct of more than a dozen employees, including paying…
08/25/2016

Ex-Ingalls Director Sentenced for Lying About Diver Pay

Randy Mitchell Wilson, a former official at Huntington Ingalls Industries, has been fined $4,000 and given two years’ probation for lying to military officers about unauthorized pay for divers. Wilson was sentenced for making false statements to agents of the Naval Criminal…
08/25/2016

The Pentagon’s Use of FOIA is Flawed. Now It Wants to Make It Even Stricter

Proposed changes to the Freedom of Information Act requested by the Defense Department are so broad they could allow DoD to withhold almost any unclassified document at all related to Defense Department operations and could be used to justify concealing just about any…
08/25/2016

PSC: “Fair Pay” Final Rule Fails to Overcome Implementation Obstacles

The final FAR rule and Department of Labor Guidance implementing Executive Order 13673, Fair Pay and Safe Workplaces, fail to satisfy legitimate concerns about how the requirements will be implemented and enforced. Although the final rule differed from the proposal,…
08/25/2016

Analysis of Fair Pay and Safe Workplaces Final Rule and Guidance

Final regulations implementing Executive Order 13673, Fair Pay and Safe Workplaces, are largely unchanged from the proposed rule. The rules provide a six-month phase-in process for prime contracts based on dollar value, and delays implementation for subcontracts until October 25,…
08/25/2016

Comments Sought on Kickback Reporting Processes

The Regulatory Secretariat Division is extending an information collection seeking comments on anti-kickback procedures. Federal Acquisition Regulation 52.203-7 requires all contractors to implement reasonable procedures designed to prevent and detect in its own operations and direct business relationships, violations of…
08/25/2016

Transparency Advocacy Groups Ask Congress to Nix Proposed FOIA Exemptions for DoD

A large group of government transparency advocacy groups have sent letters to Congress urging members to disallow new changes to the Freedom of Information Act (FOIA) included in the Senate’s 2017 National Defense Authorization Act. Organizations like the Project on…
08/25/2016

SAM Profile Mistake Leads to Possible Lost Contract

The importance of paying proper attention to your System for Award Management profile was highlighted in a recent SBA size protest concerning a small business set-aside contract. In the protest, a disappointed offeror argued that the awardee did not meet…
08/24/2016

Appellant Not Entitled to Payment for Services Not Delivered, CBCA 5354, Financial & Reality Services LLC v. General Services Administration

Appeal of the agency’s denial of a claim for unpaid invoices is dismissed where appellant never delivered the services during the period for which invoices were submitted. Financial & Realty Services Inc. appealed a contracting officer’s decision denying its claim…
08/24/2016

Solicitation Did Not Require Offerors to Demonstrate Past Performance on Each PWS Task, GAO B-412058, Telos Corporation

Protest challenging the evaluation of proposals is denied where the solicitation did not require offerors to demonstrate relevant past performance with each task in the performance work statement, and where the protester’s technical proposal did not warrant the assignment of…
08/24/2016

Information in SAM Profile Admission That Awardee is Not Small, SBA No. SIZ-5757, Size Appeal of NESCO LLC

The Small Business Administration Office of Hearings and Appeals granted an appeal of a size determination, finding that the SBA area office OER Services LLC appealed a size determination in which a Small Business Administration area office concluded that awardee NESCO…
08/24/2016

One Allegedly Underpriced Rate Not Evidence of Unbalanced Pricing, GAO B-410698.9, Marine Terminals Corporation-East Inc.

Protest that the agency unreasonably included the awardee’s proposal in the competitive range is denied where the awardee’s technical proposal was among those most highly-rated; protest challenging the agency’s technical evaluation is denied where the request for proposals did not…
08/24/2016

Everyone Bookmark certify.sba.gov

While it currently only houses the WOSB Repository, the SBA One Contracting Portal will soon be the central system through which all of the SBA program certifications will be processed: 8(a) Business Development Program (Fall 2016), HUBZone Program (Spring 2017),…

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