PubKLaw
Legal news and insights for the government contracts community.

Latest Developments

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…
08/23/2016

Former MCC Construction Company Officer and Owner Pleads Guilty to Conspiring to Defraud Government

Walter Crummy, a former officer and owner of MCC Construction Company, pleaded guilty to conspiring to commit wire fraud.  Crummy also agreed to pay forfeiture in the amount of $105,618. According to court documents, MCC and others conspired with two companies that…
08/23/2016

Final rule for federal contracting calls for compliance, transparency

The Obama Administration is issuing final guidance  for the Fair Pay and Safe Workplaces executive order, which supporters say will help level the playing field for law-abiding contractors and hold violators to higher standards. The final regulations go into effect Oct.…
08/23/2016

150 Protests and Counting: GAO Suspends “Frequent Protester”

In Latvian Connection LLC, B-413442, the Government Accountability Office dismissed a protest challenging a long-completed task order and took the unusual action of suspending Latvian Connection from filing bid protests for a period of one year. Although the firm filed…
08/23/2016

4 Steps for Avoiding FCA Traps For SBA Lenders

Recent U.S. Department of Justice enforcement and qui tam suits demonstrate that Small Business Administration lenders face increasing risk of liability under the False Claims Act. In this article, Steven M. Kauffman, a partner in Morrison & Foerster’s Washington and…
08/23/2016

Failure to Notify SBA of Award Renders Awardee Ineligible for 8(a) Set-Aside, GAO B-412952, Alutiiq-Banner Joint Venture

Protest that agency misevaluated awardee’s past performance is sustained where agency unreasonably considered past performance by awardee for which there was no record of performance, contrary to the terms of the solicitation, and protest that agency improperly awarded 8(a) set-aside…
08/23/2016

Technical Evaluators Not Required to Review Pricing for Every Contract Line Item Number, GAO B-413117, Tele-Consultants, Inc.

Protest challenging the agency’s technical evaluation is denied, where the RFP established the agency would share certain labor cost information with the technical evaluation team to demonstrate offerors’ understanding of the requirements, but did not contemplate the agency would consider…
08/22/2016

Contractor Suspended from Submitting Protests for “Abuse of Process”, GAO B-413442, Latvian Connection LLC

Protest challenging the issuance of a task order under a multiple-award, indefinite-delivery/indefinite-quantity contract is denied where the value of the order is below the $10 million threshold for GAO task order protest jurisdiction and where the protester is not an…
08/22/2016

Marginal Rating Warranted Where Proposal Lacked Sufficient Detail Describing Understanding of the Requirement, GAO B-413115, BOSH Global Services

Protest that agency improperly applied unstated evaluation criteria in evaluating protester’s proposal is denied where the solicitation sought detailed descriptions of offerors’ understanding and approach to the requirements, but the protester provided only general statements. BOSH Global Services protested the…
08/22/2016

ASBCA Appeals Proceed Despite Parallel False Claims Act Case

The Armed Services Board of Contract Appeal’s decision in BAE Systems Tactical Vehicle Systems LP, denying the government’s motion to stay appeals due to a parallel False Claims Act case in federal district court is an important reminder that the…
08/22/2016

Lease Requirement Reasonable Even If Burdensome to Incumbent Lessor, GAO B-413019, 1120 Vermont Avenue Associates, LLP; 1125 15th Street, LLC

Protest that solicitation for lease of office space unduly restricts competition is denied where the agency had a reasonable basis for its space requirements; and protest of the solicitation’s price evaluation provisions is denied where the provisions are unobjectionable, even…
08/22/2016

President of Kansas Ladder Company Pleads Guilty to Bribery at Tinker Air Force Base

Jeffrey A. Green, president and chief executive officer of LockNClimb LLC pled guilty to offering a bribe to a public official at Tinker Air Force Base. According to court documents, Green provided United States currency to a public official at Tinker…
08/22/2016

Idaho Construction Companies and Owners Debarred by FHWA for 56 Months for DBE Fraud

The Federal Highway Administration has debarred Elaine Martin, MarCon, Inc., and MarCon Precast, Inc. for 56 months, and debarred Darrell Swigert, Tory Martin, and MC Group, Inc., for 36 months. The debarments stem from the federal jury trial convictions in 2013 of…
08/22/2016

Former Navy Employee and Defense Contractor Plead Guilty to Engaging in Kickback Scheme

A former Navy Facilities Engineering Command civilian employee and a defense contractor pleaded guilty to charges relating to their conspiracy to defraud the Navy by filing false claims related to government contracts. Joseph Bentley, a civilian employee at NAVFAC Southwest, arranged…
08/22/2016

Former Executives of Military Contractor Sentenced to Prison for Illegally Exporting Weapons Parts

Four former employees of defense contractor Sabre Defence Industries LLC were sentenced in connection with their role in illegally exporting firearm components and other defense items. Each of the four defendants pleaded guilty to violating the Arms Export Control Act, and admitted…

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