Sunday, July 12, 2020

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Shearwater Protests Navy’s Award for El Centro Base Due to Price Setting

A recent Government Accountability Office award protest decision seemed to establish a new rule for how contract negotiations are conducted. Specifically, there are times when contracting officers can’t make guesses about whether proposed prices are reasonable. Washington, D.C. procurement attorney Joseph Petrillo, of Petrillo and Powell, joined Federal Drive for more details.   Read the full […]
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Government Contracts Process for Small Businesses

Once a business has searched for contracting opportunities and has completed all the necessary registration requirements, it can begin bidding on contracts. Though before bidding, it is important that the company can handle the job the contract requires and that it can meet all of the regulatory requirements – otherwise the contract could ultimately be […]
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Contract and Grant Freezes at EPA: What Contractors and Awardees Can Do to Prepare,...

The new administration has reportedly frozen contract and grant spending at the Environmental Protection Agency, but offered few details about the freeze, its objective, the affected programs, or whether other agencies will be affected. Contractors affected by this action—or which may be affected by future spending freezes—can take some proactive steps to prepare, including verifying […]
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CBCA Denies Ebola Shutdown Claim – A Sign of Things to Come?

Peckar & Abramson – On April 22, 2020, the Civilian Board of Contract Appeals (“CBCA”) issued a decision denying a contractor’s claim for the costs of demobilizing from a construction site due to concerns about performing work during an Ebola virus outbreak.  Appeal of Pernix Serka Joint Venture v. Department of State, CBCA No. 5683 […]
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“Open Your Email Attachments!” Says GAO

SmallGovCon – With the ongoing rise of technology in the workplace, safe email practices are increasingly important. In particular, many in the cybersecurity community are concerned about email attachments and spam. In Information Unlimited, Inc., B-415716.40 (Oct. 4, 2019), GAO scolded a protester for failing to contact the Air Force about its failure to receive, […]
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Flying in Friendly Skies: An In-Depth Look at the FAA’s Unique Bid Protest Forum

Covington & Burling – Federal contractors usually think of two bid protest forums: the Government Accountability Office and the U.S. Court of Federal Claims.  But another protest forum often flies under the radar: the Federal Aviation Administration’s Office of Dispute Resolution for Acquisition — aka the ODRA. In a continuation of our blog post earlier this […]
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It’s Not Up to Agency to Clarify Layout and Printing Errors in Proposals, Says...

Koprince – It is well understood that offerors must submit proposals that meet the procuring agency’s requirements, including any page limitations set by the solicitation. But what if an offeror’s proposal contains an obvious layout and printing error that inadvertently puts required information outside the established page limits? Does the agency have a duty to […]
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Now You See It; Now You Don’t — Service Contract Act Coverage of Indirect...

The Service Contract Act is a remedial law and interpreted liberally in favor of worker protections. All workers who perform the services called for in the contract must be paid SCA prevailing wages and benefits. However, some employees work in overhead or support functions, or otherwise are not engaged directly to perform the services set forth […]
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ASBCA Appeals: Contractors Prevailed In 57.6 Percent of FY 2017 Decisions

Contractors fared better before the Armed Services Board of Contract Appeals than with GAO during FY2017. According to the ASBCA’s annual report, contractors prevailed (in whole or in part) in 57.6 percent of FY 2017 ASBCA decisions. ASBCA decided 139 appeals on the merits in FY2017, of which merit was found in whole or in part […]
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Want to Challenge a Negative CPARS Evaluation? Don’t Wait to Protest, Dispute (Now)

By Alejandro L. Sarria, Abigail T. Stokes, and Jason N. Workmaster of Miller & Chevalier Miller & Chevalier – Too often, government contractors treat negative evaluations in the Contractor Performance Assessment Reporting System (CPARS) like a squeaky wheel. They know an unfavorable CPARS evaluation can cause trouble down the road, but they wait until a […]
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