Government Contracts & Investigations

JANUARY 31, 2024

As we enter into the new year, it remains critical for government contractors to understand what issues win at the GAO and why. Below, we cover a few important GAO decisions you should know from December 2023. 18, 2023, 2023 WL 8874140. [2] 19, 2023, 2023 WL 8922168. FOOTNOTES [1] Washington Bus.

Bidding 52

Bidding Negotiation Evaluation Sustainability 52

Government Contracts & Investigations

OCTOBER 11, 2023

Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. The September 2023 Cost Corner concluded a three-part series on TINA. which applies to contracts with commercial organizations.

Price 52

Price Government Contracts Government Government 52

Procurement Notes

MARCH 5, 2024

27] “He noted that in early 2023 this model suggested only a 12% chance of a recession[.]” [28] Other Negative Indicators On top of the foregoing, some negative indicators are sprouting. For consumers, “[c]redit card delinquencies surged more than 50% in 2023 as total consumer debt swelled to $17.5 billion from $11.2 billion.” [37]

Government Contracts 52

Government Contracts Government Government Contract 52

SmallGovCon

OCTOBER 9, 2023

VSBC-297, 2023 (Aug. 2023), the VA sought roof replacement services under 236220, Commercial and Institutional Building Construction, with a corresponding $45 million annual receipts size standard. Note that the regulation does allow a lesser showing of detail for indefinite contracts under 13 C.F.R. 13 C.F.R § 128.402 (c)(7).

Negotiation 78

Negotiation Contract Quantity Government Contracts 78

Federal News Network

MAY 29, 2024

They’re not actually terminating the contract. What’s really interesting here is assuming the RFP is successful and they’re ready to negotiate a new contract, they just will fail to exercise the next option. But that’s a lousy way to fix what’s a universal problem across all government contracting.

Bidder 102

Bidder Professional Services Negotiation Bidding 102

SmallGovCon

SEPTEMBER 19, 2023

May 23, 2023). Additionally, in a somewhat unique situation, the court in Myriddian not only had to inform the awardee, Cloud Harbor, that it was noncompliant and, therefore, ineligible, but also had to inform the contracting agency, the Department of Health and Human Services (DHHS). Myriddian, LLC v. United States , No. 23-443 (Fed.

Evaluation 78

Evaluation Bidding Negotiation Government Contracts 78

Public Contracting Institute

MAY 8, 2024

Under some circumstances, if an IFB is canceled but the requirement remains, the agency may complete the procurement by converting it to a negotiated procurement, but FAR 14.404-1 places limitations on when this is permitted. For other helpful suggestions on government contracting, visit: Richard D. LLC, B-421676.4,

Bidding 52

Bidding Procurement E-procurement Negotiation 52

SmallGovCon

OCTOBER 25, 2023

For instance, for negotiated contracts, a “protest must be received by the contracting officer prior to the close of business on the 5th day, exclusive of Saturdays, Sundays, and legal holidays, after the contracting officer has notified the protestor of the identity of the prospective awardee.”

Contract 105

Contract Procurement Participation Government Contracts 105

Kluwer Arbitration

FEBRUARY 7, 2024

India ADR Week (“ IAW “) 2023 was hosted by the Mumbai Centre for International Arbitration (“ MCIA “) across three cities – Bengaluru, Delhi and Mumbai. Illustrating this point, she referenced requiring all future government contracts over INR 50 million (i.e. Shifting gears, Ms.

Negotiation 52

Negotiation Corruption Government Government 52

Public Contracting Institute

FEBRUARY 14, 2024

The TSP must be submitted within one year of termination unless extended in writing by the contracting officer. A recent Board case concerns the time when a TSP converts to a Contract Disputes Act (“CDA”) claim. On March 27, 2023 the government shifted its suspense date to issue its TSP offer to September 25, 2023.

Government Contracts 52

Government Contracts Negotiation Contract Demand 52

Government Contracts & Investigations

FEBRUARY 29, 2024

8] The Government typically analyzes reasonableness by individual employee for owners, executives, and other “high risk compensation categories” and by job class for other employees. Manos, Government Contract Cost & Pricing § 13:3 (2023). [24] DCAA, DCAM ¶ 6-413.1.c. 10] FAR 31.205-6(b)(1). [11] NASABCA No.

Price 52

Price Government Contracts Government Government 52

Public Contracting Institute

JANUARY 10, 2024

In a complex case, the Civilian Board of Contract Appeals denied relief on a certified claim of $3.1 Dept of Veterans Affairs, CBCA 6808, August 23, 2023. South Texas had claimed tat the VA failed to pay individual medical claims for patients that the contractor had treated under its medical services contract with VA.

Government Contracts 52

Government Contracts Negotiation Contract Consulting 52

Government Contracts & Investigations

DECEMBER 19, 2023

On November 17, 2023, the Department of Defense (“DOD”) published a Final Rule – over five years in the making – addressing DOD policies regarding the applicability of laws to commercial products, commercial services, and commercially available off-the-shelf (“COTS”) products (DFARS Case 2017-D010).

Negotiation 52

Negotiation Contract Supply Chain Utilities 52

GovCon Chamber of Commerce

FEBRUARY 11, 2023

Good business developers are able to communicate effectively, build trust, and negotiate effectively. 7 TIPS TO SUCCESS AS A BUSINESS DEVELOPER FOR COMPANIES PURSUING FEDERAL GOVERNMENT CONTRACTS Familiarize yourself with the procurement process: The federal government procurement process can be complex and lengthy.

Quality 52

Quality Media Procurement Government Contracts 52

Public Contracting Institute

APRIL 17, 2024

Navy, awarded Nova Goup/Tutor Saliba (“Nova”) a contract to build a new maintenance pier in Bremerton, WA. Nova was required to demolish an old pier, design and build a replacement pier (known as “Pier B”) and build a new structure known as the “Mole Quaywall” that would be designed by the government. Nova Group/Tutor-Saliba v.

Government Contracts 52

Government Contracts Integration Integrity Negotiation 52

Select GCR

AUGUST 2, 2023

GSA and PBS Office of Leasing is seaking offers for leased offices space during the current open priod of August 1st through August 7th 2023 (ending at 7:30 pm EDT). Government Leasing Contracts on Public Office Space Did you know that Government contracting doesn’t just belong to services and products, but also leasing office spaces.

Government 52

Government Government Contract Bidding 52

Government Contracts Legal Forum

JANUARY 25, 2024

On December 19, 2023, the United States District Court for the District of Utah denied summary judgment in part to Vanderlande Industries (Vanderlande), holding that a reasonable jury could find that Vanderlande negligently misrepresented the viability of subcontractor Ludvik Electric Co.’s View the full article

Negotiation 40

Negotiation Transparency Government Contracts Contract 40

Government Contracts Legal Forum

SEPTEMBER 1, 2023

22, 2023) , the Court of Appeals for the Federal Circuit overturned longstanding precedent by holding that the requirement to state a “sum certain” in a claim submitted under the Contract Disputes Act (CDA) is not a jurisdictional requirement. In ECC Int’l Constructors Inc. 2021-2323 (Fed. View the full article

Contract 40

Contract Negotiation Efficiency Government Contracts 40

Tracker Intelligence

FEBRUARY 16, 2025

Strict laws, such as the Procurement Act 2023 and the Public Contracts Regulations, regulate public procurement activities in order to maintain accountability and safeguard public funds. Furthermore, private businesses have more flexibility in pursuing informal tendering procedures or direct negotiation with suppliers.

Procurement 52

Procurement Tender Public Procurement Supplier 52

Government Contracts Legal Forum

SEPTEMBER 12, 2023

Department of Justice stands at the intersection of two evolving trends: DOJ’s increasing focus on cybersecurity lapses by government contractors as part of its Civil Cyber-Fraud Initiative, and DOJ policies incentivizing corporations to voluntarily self-disclose violations of federal law. This means that Verizon paid 1.5x

Telecommunication 40

Telecommunication Influencing Negotiation Networking 40

The Coalition for Government Procurement

FEBRUARY 8, 2024

Within this timeframe, the FAR Council would also be required to issue regulations creating standard solicitation provisions and contract clauses applicable to artificial intelligence acquisitions. 1] LS3, LLC v United States, Court of Federal Claims, December 14, 2023. [2] 2] 13 CFR 125.18(b)(2)(ii). b)(2)(ii). [3] 4] 89 FR 2910.

E-procurement 52

E-procurement Price Negotiation Utilities Procurement 52

The Coalition for Government Procurement

OCTOBER 10, 2024

GAO Reports on Federal Website Modernization Efforts On October 1, the Government Accountability Office (GAO) released a report on the implementation of the 21st Century Integrated Digital Experience Act (IDEA Act) from 2018 to 2023. In December 2023, reporting requirements for the IDEA Act sunsetted. NW, Washington, D.C.

Price 52

Price E-procurement Logistics Procurement 52

The Coalition for Government Procurement

OCTOBER 24, 2024

Don’t Miss the 2024 FPS Government Contracts Year in Review! For over four decades, this industry-leading conference has been the essential gathering for government contracting professionals. We would like to thank Riley Flewelling, for their contribution to this alert. [1] NW, Washington, D.C.

E-procurement 52

E-procurement Price Procurement Logistics 52

Federal News Network

NOVEMBER 6, 2024

John Shoraka, co-founder and managing director of GovContractPros, an advisory services firm specializing in federal procurement and a former associate administrator of Government Contracting and Business Development at the SBA, offered the opposite view. In fiscal 2023, SBA says agencies awarded an all-time high of 28.4%

Contract 111

Contract Procurement Participation Data 111

Government Contracts Legal Forum

SEPTEMBER 29, 2023

million federal employees who will be directly impacted in some way by a federal government shutdown with the majority facing a furlough of an undetermined length. federal government contracts signed every year and they may be impacted by a shutdown. Finally, the federal government spends approximately $1.2

Government 40

Government Government Contract Insurance 40

The Coalition for Government Procurement

AUGUST 15, 2024

The solicitation, issued pursuant to the Army’s OT authority under 10 U.S.C. §§ 4021 and 4022, contemplated award of a follow-on production contract to one of the two vendors that submitted successful protypes. On September 20, 2023, the Army awarded the follow-on production contract to Taylor Defense Products, LLC.

E-procurement 52

E-procurement Supply Chain Procurement Price 52

Procurement Notes

OCTOBER 10, 2022

Jay Blindauer A contractor takes on a Government contract to make money, and inflation is getting in the way. Inflation is generally down from 2021, but is still high in too many places, and is expected to persist in 2023. With inflation eroding value for this long, a Government contractor may need to obtain contract relief.

Government 40

Government Government Price Contract 40

Government Contracts Legal Forum

AUGUST 29, 2024

The 2023 GAO decision in Washington Business Dynamics, LLC , B-421953, B-421953.2 (Dec. 18, 2023), in which GAO extended the FSS exception to apply to size recertifications for orders placed under other MACs. 745 (2023). SBA’s Proposed Change to Size Protest Triggers in 13 C.F.R. 121.103(h)(3)). United States , 165 Fed.

E-procurement 52

E-procurement Participation Purchasing Contract 52

The Coalition for Government Procurement

AUGUST 8, 2024

Since 2023, Ms. The solicitation, issued pursuant to the Army’s OT authority under 10 U.S.C. §§ 4021 and 4022, contemplated award of a follow-on production contract to one of the two vendors that submitted successful protypes. On September 20, 2023, the Army awarded the follow-on production contract to Taylor Defense Products, LLC.

Supply Chain 52

Supply Chain E-procurement Procurement Bidding 52

The Coalition for Government Procurement

FEBRUARY 22, 2024

New GSA Video on Alliant 3 Draft RFP On February 21, GSA posted an Interact notice with a video explaining three areas of the second Alliant 3 Draft Request for Proposal (RFP), which was published on December 8, 2023. 14110″), issued on October 30, 2023, which directed the Department to propose regulations for U.S.

Inventory 52

Inventory Price Supply Chain Contract 52

The Coalition for Government Procurement

OCTOBER 19, 2023

In turn, this will lead to more consistent and sound negotiation and administration of MAS contracts. In the past, the regional structure gave rise to differing cultures, negotiation approaches, and interpretations of applicable regulations and solicitation provisions. 5] Thus, OHA found the JV ineligible for award.

E-procurement 52

E-procurement Price Supply Chain Procurement 52

The Coalition for Government Procurement

JULY 25, 2024

CIO-SP4 is designed as an infinite-delivery and infinite-quality contract with a ceiling of $50 billion. In July 2023, NITAAC announced plans to take corrective actions and reevaluate proposals after the Government Accountability Office upheld 98 protests. This, of course, includes the government contracting industry.

Supply Chain 52

Supply Chain Evaluation E-procurement Manufacturing 52

The Coalition for Government Procurement

SEPTEMBER 19, 2024

The deadline to avoid a government shutdown is September 30, although Friday, September 27 is seen as the target date for lawmakers to finalize negotiations before returning to their home districts to campaign until the election. 26, 2023, and the U.S. D on’t Miss the 2024 FPS Government Contracts Year in Review!

Price 52

Price Supply Chain Logistics Procurement 52

The Coalition for Government Procurement

AUGUST 1, 2024

Agencies Make Progress on AI Goals Last Friday, the White House announced that Federal agencies completed all of the actions in the October 2023 Artificial Intelligence (AI) Executive Order (EO) that they were scheduled to complete in the first 270 days since its release Agencies are also making progress on other action items under the EO.

Supply Chain 52

Supply Chain Bidding E-procurement Procurement 52

The Coalition for Government Procurement

NOVEMBER 30, 2023

The comment period for both rules is currently open and is scheduled to close on December 4, 2023. Cyber Threat and Incident Reporting and Information Sharing (FAR Case 2021-017) This proposed rule is meant to apply to contracts where information and communications technology (ICT) is used or provided in the performance of the contract.

Telecommunication 52

Telecommunication Supply Chain Contract Data 52

The Coalition for Government Procurement

FEBRUARY 15, 2024

Before the new proposal deadline in November 2023, two additional protests were filed with GAO, which were later dismissed on February 5 of this year. The statutorily required study found that as of September 30, 2023, the VA had obligated roughly 98.6 SIZ-6258 (2023). [5] 88 FR 26164. [3] 4] Size Appeal of Forward Slope, Inc.,

Price 52

Price E-procurement Ethics Purchasing 52

Public Contracting Institute

OCTOBER 7, 2024

These include: (1) negotiations only with the best suited offeror (i.e., Negotiating with the Apparent Successful Offeror The first bright-line violation concerns the way agencies interact with the best suited offeror. Agencies frequently ignore deficiencies and negotiate only with their preferred, but technically unacceptable offeror.

Innovation 52

Innovation Negotiation Price E-procurement 52