PubKLaw
Legal news and insights for the government contracts community.

Latest Developments

07/29/2016

Proposals Lacked Specific Details Required by RFP, GAO B-412961, Sumaria Systems, Inc.; COLSA Corporation

Protests challenging the evaluation of offerors’ technical proposals are denied where the agency reasonably concluded protesters’ proposals did not include sufficient specific detail demonstrating their understanding of the requirements, and the awardee’s did. Protesters Sumaria Systems, Inc. and COLSA Corporation…
07/29/2016

Past Performance Evaluation Reasonably Omitted News Coverage, Lawsuits, GAO, B-412755.2, Torres-Advanced Enterprise Solutions, LLC

Protest that agency misevaluated offerors’ past performance is denied where the agency considered both positive and adverse ratings, including responses from references offered by the protester, and protest that agency failed to conduct meaningful discussions is denied where the agency…
07/28/2016

United States Sues Former Executives of Government Contractor for Making False Claims in Connection with Reconstruction Contracts in Afghanistan and Iraq

The Justice Department announced that the government has filed suit under the False Claims Act against Derish M. Wolff and Salvatore J. Pepe, respectively the former CEO and CFO of Louis Berger Group Inc., for conspiring to overbill the U.S.…
07/28/2016

Allegations of Serious SCA Violations Support Decision to Decline Options, ASBCA No. 58828, Appeal of Puget Sound Environmental Corp.

Appellant’s motion for summary judgment is denied where the agency was not required nor could be compelled to exercise contract options, and where the contracting officer concluded that the contractor was in violation of Service Contract Act wage and benefits…
07/28/2016

Federal Circuit Finds ASBCA had Jurisdiction over a Government Affirmative Defense of Fraud

The Federal Circuit recently affirmed the ASBCA’s grant of summary judgment to the government based on the government’s affirmative defense that the court described both as a defense of fraud and a defense of prior material breach. In a case…
07/28/2016

New GSA Transactional Reporting Rule Substantially Changes FSS and GWACs Contracting

The General Services Administration's final rule implementing the new transactional data reporting requirement differs from that originally proposed in a number of important ways.  The new rule still requires contractors to report specific details of transactions with the government, such as descriptions…
07/28/2016

Agency Failed to Consider Requirements Before Canceling Solicitation, COFC 16-44C, Starry Associates Inc. v. United States

Motion for summary judgment and reversal of the agency’s decision to cancel a solicitation is granted where the agency did not conduct any meaningful review of its needs before canceling the solicitation, but rather merely acted to bolster its initial award…
07/28/2016

Living in Harmony: Notable Changes to Synchronize the 8(a) and Small Business Mentor-Protégé Programs

This blog post addresses the effect of the Small Business Administration’s new mentor-protégé program on the agency’s 8(a) mentor-protégé program. As the final rule points out, the 8(a) MPP will remain intact; however, SBA has made several changes to the…
07/28/2016

HUBZone Program: SBA Final Rule Brings Significant Changes

The HUBZone program will see significant changes to its rules as a result of major SBA changes set to take effect in late August. These changes apply generally to two aspects of the HUBZone program: that relating to the SBA’s…
07/28/2016

Participation by Disadvantaged Business Enterprises in Procurements under EPA Financial Assistance Agreements

The Environmental Protection Agency issued a direct final rule that revises EPA's Disadvantaged Business Enterprise (DBE) program. The revisions improve the practical utility of the program, minimize burden, and clarify requirements that have been the subject of questions from recipients…
07/28/2016

EPA Tests the Future of Public Comments

An Environmental Protection Agency pilot lets citizens comment on specific paragraphs of proposed rules instead of submitting them via email or in a separate text box.
07/28/2016

FOIA Update Puts Pressure on Contractors to Protect Trade Secrets

The new update to the Freedom of Information Act signed into law earlier this month mandates a presumption of openness, and adds new appeal rights for citizens whose requests are denied. That’s welcome news to reporters and other frequent FOIA requesters, but it means…
07/27/2016

Further Interpretation of Contract Language Needed to Support Claim, ASBCA No. 59046, GSC Construction, Inc.

Motion for summary judgment is denied where appellant failed to provide accounting or other evidence to substantiate its claim and where its explanation of contract language failed to support its claim. Appellant GSC Construction Inc. moved for summary judgment in…
07/27/2016

Board Lacks Jurisdiction to Consider Claim When No Invoice Submitted, ASBCA No. 60173, Panjshir Kandahur Construction Co.

Government’s motion to dismiss for lack of jurisdiction is granted where the record shows no evidence appellant submitted an invoice or other claim for payment. Appellant Panjshir Kandahur Construction Co. seeks payment under an invoice for services it alleges it…
07/27/2016

Agency Not Required to Look for Technical Detail in Other Areas of Proposal, GAO B-413016, GeoSystems Analysis, Inc.

Protest challenging agency’s evaluation of the protester’s technical proposal is denied where the agency reasonably concluded the proposal lacked sufficient detail to demonstrate the offeror’s understanding of the requirement, and protest challenging agency’s evaluation of the protester’s past performance is…
07/27/2016

Managing Federal Information as a Strategic Resource

The Office of Management and Budget has released an updated version of Circular A-130, the governing document guiding the management of federal information resources.  A-130 focuses on three key elements to help spur innovation throughout the government: Real Time Knowledge…
07/27/2016

Northrop Grumman Rethinking Services Business — Not Divesting It

In a government services market plagued with margin pressures, many large defense contractors have either considered or acted on divesting their government IT services businesses. But in the case of Northrop Grumman Corp. and its technology services division, CEO Wes Bush would…
07/27/2016

The CDA Requirement to Give Notice of the Amount of a Claim

Contractors with claims against their government customers sometimes feel stymied by the requirement in the Contract Disputes Act (CDA) that a claim state a “sum certain.” A contractor may know that it has a valid claim but may be unable…

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