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Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government Contractors. We just completed two articles on the Truth in Negotiations Act (TINA) [1] and, before that, two articles on Defense Contract Audit Agency (DCAA) audits.
Among the charges are allegations that Raytheon engaged in a bribery scheme to obtain contracts with the Qatari military and misrepresented its costs during contractnegotiations with the U.S. This is the second largest governmentprocurement fraud recovery under the Act according to the DOJ. “The
Diving into governmentcontracting with SAM requires a clear roadmap to success. SAM.gov stands as a crucial portal for businesses seeking federal contracts. This article delivers a concise guide on effectively using SAM, from completing your registration to enhancing your contracting strategy.
Well, consider the number of federal statutes that govern federal procurements, contracts, and interactions with the federal government: The Competition in Contracting Act (CICA) , the Small Business Act , and the Federal Acquisition Streamlining Act of 1994 , for starters. You might ask.
In the world of governmentcontracting, understanding the basics of Requests for Proposals (RFPs) and Requests for Quotations (RFQs) is crucial. These documents play a vital role in the procurement process, helping agencies find the right contractors for their projects.
The Federal Acquisition Regulation (“FAR”) gives contracting officers significant flexibility in selecting the procurement method they choose to use. Competitive proposals will therefore be used for these contracts unless discussions are not required and the use of sealed bids is otherwise appropriate. LLC, B-421676.4,
e)(6) states: A protégé may generally have a total of two mentor-protégé agreements with different mentors. (i) i) Each mentor-protégé agreement may last for no more than six years, as set forth in paragraph (e)(5) of this section. e)(6) be redesignated to be located in the protégé-specific provisions as 13 C.F.R.
In federal governmentcontracting, however, a contractor may not have the same leeway to raise its prices. In this case, the GAO wrote, “[w]e find the agency’s determination that the awardee’s pricing was fair and reasonable to be flawed.” Looking for the latest governmentcontracting legal news?
Air Force with the expectation that its contract will continue to be renewed during the foreseeable future. The Federal Government’sprocurement spend in FY2023 was $765 billion ($470 billion for defense agencies), [106] and most of the procurement spend was discretionary spending. 1304 judgment fund becomes necessary.
As we prepare for our 21st episode of Season 11, here are a few Episode 21 FAR Facts for us to think about: Solicitations for construction contracts are required to contain the Government’s estimated price range for the project. FAR 48.102(e). FAR 36.204. FAR 36.214. FAR 48.103(c).
Contractors that have a procurement relationship with a recipient are not required to obtain a UEI. Addition of Cybersecurity Internal Controls 2 CFR 200.303 adds “reasonable” cybersecurity internal control requirements to the information protection internal control requirements at 2 CFR 200.303(e). 7101 et seq.,
This is especially true in the SLED (state, local, and education) market, where procurement processes and regulations can vary widely between jurisdictions. In this blog post, we will provide a detailed guide on how businesses can successfully sell to the government in the SLED market.
This is especially true in the SLED (state, local, and education) market, where procurement processes and regulations can vary widely between jurisdictions. In this blog post, we will provide a detailed guide on how businesses can successfully sell to the government in the SLED market.
These two trainings, which are offered both in-person and virtually, are designed to equip attendees with essential knowledge and tools for navigating the complexities in governmentprocurement. Learn more details about these opportunities below and be sure to register! NW, Washington, D.C.
Relying on precedent in Sungwoo E&C Co. benefited from the procurement. CO signed the contract and the U.S. was getting some benefit from the contract. The contractor was, for example, free to submit a protective claim while the parties continued to negotiate an amicable resolution. View the full article
These two trainings, which are offered both in-person and virtually, are designed to equip attendees with essential knowledge and tools for navigating the complexities in governmentprocurement. Learn more details about these opportunities below and be sure to register! NW, Washington, D.C.
On February 28, again at Miller & Chevalier Chartered, we will hold our GSA and VA Schedule Contracting Training for In-House Counsel course. or virtually HERE.
The EIP Awards recognize individuals and organizations in the Federal procurement community who make significant contributions to the acquisition system. Prepare for 2025: Post-Election Federal Procurement Insights at the Fall Training Conference The 2024 Fall Training Conference – The 2025 Federal Market: What’s Next?
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.
GSA & VA Schedule Contracting Training for In-House Counsel, Oct. 29 The Coalition for GovernmentProcurement is proud to once again host its “must attend” General Services Administration (GSA) and Veterans Affairs (VA) Schedule Contracting Training for In-House Counsel on October 29!
Legal Corner: Bills in US Congress Would Require Federal Agencies and Vendors to Implement NIST AI Framework The Legal Corner provides the procurement community with an opportunity to share insights and comments on relevant legal issues of the day. Authored by Howard W. Waltzman, Stephen Lilley, Evan C.
128.401(e)) Programs. 121.104, that there are “three, narrow exceptions to the general rule that the date on which size is determined for an order or agreement against a [multiple award contract (MAC)] is dependent on whether the underlying MAC was set aside for small business or unrestricted.” 121.104), HUBZone (13 C.F.R. 745 (2023).
The governmentwide day on November 20 will feature expert panels addressing “what’s next” after the election for the future of federal procurement. Additionally, we’ll explore what’s next for the General Service Administration’s (GSA) programs, interagency contracting, and agency acquisition systems.
Celebrating a Dedicated Procurement Leader: Wishing Tom Sisti a Happy Retirement! It is with mixed emotions that The Coalition for GovernmentProcurement announces the retirement of Executive Vice President & General Counsel, Tom Sisti. Furthermore, he worked as Procurement Counsel detailed to the U.S.
Jay Blindauer A contractor takes on a Governmentcontract to make money, and inflation is getting in the way. With inflation eroding value for this long, a Government contractor may need to obtain contract relief. 57] Rather, determining whether a modification exceeds contract scope is highly fact dependent.
Announcing the Coalition’s Cyber Side Chat, September 12 The Coalition for GovernmentProcurement is proud to present its first-ever Cybersecurity Symposium: The Cyber Side Chat on September 12! The Cyber Side Chat will feature three distinct panels of subject matter experts from government and industry. Why Attend?
Jay Blindauer A contractor will often incur a significant cost (in time and money) to prepare and submit a proposal for a possible Governmentcontract. 13] However, to be clear, the predicate for this being the case is that the procurement must rely upon the debriefing provisions of FAR Subpart 15.5—such 3703 , 10 U.S.C.
The Coalition for GovernmentProcurement Endowed Scholarship Fund Proceeds will also support The Coalition for GovernmentProcurement Endowed Scholarship Fund for a deserving veteran studying U.S. governmentprocurement at The George Washington University Law School.
This report is the first time that the Federal Government has “formally acknowledged the severity of the plastic pollution crisis and the scale of the response that will be required to effectively confront it.” The comments herein do not necessarily reflect the views of The Coalition for GovernmentProcurement.
On February 28, again at Miller & Chevalier Chartered, we will hold our GSA and VA Schedule Contracting Training for In-House Counsel course. While DoD previously focused on grants and procurement commitments, the office is now looking at loans and loan guarantees to move forward with defense industrial base initiatives.
It may seem crass or trivializing to speak of procurement at this time, but we must recognize that the procurement system, and our participation in it, is at the center of our nation’s ability to defend itself, to defend its friends, and to uplift the shared human values of the civilized world. The episode can be found here.
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.
The Federal Government is a steady customer prepared to make long-term investments. Seeking Member Feedback on GSA’s Single-Use Plastics Proposed Rule On Tuesday, February 13, the Green Committee met for a briefing on GSA’s proposed rule to reduce single-use plastic packaging in Federal procurement.
Federal Acquisition Policy and Procedure (PAP) 2021-05, Evaluation of FSS Program Pricing , sets forth “comprehensive guidance regarding the evaluation of pricing throughout the life of a Federal Supply Schedule (FSS) program contract.” It also prescribes and/or recommends additional data collection requests for FSS contractors.
Effective communication between government officials and industry partners is of paramount importance in fostering a thriving procurement landscape. The comments herein do not necessarily reflect the views of The Coalition for GovernmentProcurement. government should be careful in its procurement and use of these tools.
In September 2024, the SBA Area Office found that DPG was a small business for procurement. Notably, the joint venturers were found to be affiliated because the joint venture was awarded its first contract more than two years prior to proposal submission. 121.103(h). 124.513(c)and(d). 124.513(c)and(d).
Certificates will be e-mailed to registrants. In November 2016, Kimberly accepted the position as Director of the EPA’s Office of Acquisition Solutions (OAS), and the Agency’s Senior Procurement Executive (SPE). Department of Labor (DOL) and the U.S. Department of Health and Human Services (HHS).
The Order potentially applies to all “workers working on or in connection with a Federal Governmentcontract[.]” [10] This is the same language that DoL used in describing the scope of the 2014 Order, and made clear that an individual being an actual employee is immaterial to assessing the connection. [11] 214(a)-(b). [14]
As calendar year 2023 ends, the Coalition is looking ahead to 2024 and the policies, programs, and initiatives that will shape the federal procurement system and the delivery of customer agency mission support. Competition and industrial base are important to the vitality of the procurement system.
Hilary Cairnie, Troutman Pepper -&- Jay Blindauer, Blindauer Law PLLC The first author, Hilary Cairnie , is a partner with Troutman Pepper Hamilton Sanders LLP (“Troutman Pepper”), and the head of the governmentcontracts practice for the firm. 14,042 is being implemented by each procuring Agency developing its own FAR Subpart 1.4
The final rule, entitled Improving Consistency Between Procurement and Nonprocurement Procedures on Suspension and Debarment , is based on the recommendations of the Interagency Suspension and Debarment Committee (ISDC). Currently, NITAAC University offers an introductory course on the agencys governmentwide acquisition contracts.
The current Administration believes that the BCI will generate an additional $10 billion in savings and cost avoidance annually while also improving the performance of Federal contracts. As suggested by the title, the event will explore the theme of “What is Fair and Reasonable?” in the federal marketplace. To register, click here.
An anonymous source stated that GSA plans to assume the contracting functions at several pilot agencies by March 30 including the Office of Personnel Management, the Department of Education, the Small Business Administration, and the Department of Housing and Urban Development. Click here to view the 2024 Year in Review. Unger , Nichole D.
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