Saturday, December 5, 2020

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Affidavits Sufficient to Demonstrate No Shared Identity of Interest; SBA No. SIZ-5765, Appeal of...

Appeal of the Small Business Administration’s determination that the awardee is an eligible small business for the procurement is denied where affidavits submitted by the awardee stating that it had divested questioned investments are sufficient to establish the firm’s owner did not share an identity of interest with a previous business partner, and where the […]
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It’s Back – DCAA’s Non-Defense Audit Authority Revived

In a recent memorandum, the Defense Contract Audit Agency lifted its moratorium on performing audits for non-defense agencies. Because DCAA has met the statutory requirement of having less than 18 months of incurred cost inventory, it may now resume providing full audit support for non-defense agencies. More at Crowell & Moring
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Format of PWS Not a Factor Where Information Lacking; GAO B-413291, Advanced Technology Systems...

Protest challenging the agency’s evaluation of technical proposals is denied, where the protester failed to include information that demonstrated its understanding of the requirements and provided no avenue for the agency to evaluate whether it proposed the right tasks for the requirement, how deliverables would be delivered, or how the protester would perform and monitor […]
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Repeating RPF Language Insufficient to Demonstrate Technical Approach; GAO B-413419, Mercom, Inc.

Protest challenging the agency’s technical evaluation is denied, where the agency reasonably concluded the protester did not provide the required level of detail describing its technical approach, but merely parroted back the solicitation’s requirements and used substantially the same language to describe its performance of various tasks, regardless of the differences in work or total […]
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Proposed DFARS Rule Would Require COs to Evaluate Effect of IR&D Expenses on Bids

The Department of Defense has published a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement DFARS to ensure that substantial future independent research and development expenses, as a means to reduce evaluated bid prices in competitive source selections, are evaluated in a uniform way during competitive source selections. Specifically, DoD is proposing […]
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Proposed Rule Would Provide Guidance on Costs Associated with Indirect Offsets Under Foreign Military...

The Department of Defense has published a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement to implement statutory changes related to costs associated with indirect offsets under foreign military sales agreements. A previous interim rule amended DFARS 225.7303-2, Cost of Doing Business with a Foreign Government or an International Organization, by providing […]
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Final Rule Amends Requirements for Pilot Program on Acquisition of Military Purpose Nondevelopmental Items

DoD is adopting as final, with changes, an interim rule amending the DFARS to update the criteria for the pilot program for the acquisition of military purpose nondevelopmental items. Section 892 National Defense Authorization Action for Fiscal Year 2016 removed the requirements under the pilot program for the use of competitive procedures and for awards […]
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Final Rule Eliminates Term “CONUS” from DFARS

DoD published a final rule amending the DFARS to remove the acronym CONUS as a term meaning contiguous United States, because it may be confused with “continental United States.” Effective November 4, 2016, this acronym is removed to eliminate any confusion. More at the Federal Register
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Final DFARS Rule Enhances Effectiveness of Independent Research and Development

A final rule published in the Federal Register amends the Defense Federal Acquisition Regulation Supplement to improve the effectiveness of independent research and development investments by the defense industrial base, by requiring contractors to engage in technical interchanges with DoD before costs are generated. The rule also requires the results of these exchanges to be […]
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BOS Contractors Beware: Did the Contracting Officer Order the Work?

In base operating support (BOS) services contracts, end users and Contracting Officer’s Representatives can call in maintenance requests for the BOSS contractor to perform.  When these requests are within the scope of the contract, the contractor can usually proceed with the work.  However, if the request exceeds the scope of the contract, the contractor needs […]
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