Acetris Health Case Demonstrates the Value of Strategy in Pre-Award Bid Protests
We recently wrote about the decision in Acetris Health, LLC v. United States, Case No. 18-433C (July 16, 2018), in which the U.S. Court of Federal Claims (“Court”) issued a decision about a challenge to the terms of a solicitation issued by the U.S. Department of Veterans Affairs (“VA”). Although that decision has interesting implications for procurements involving the Trade Agreements Act, the decision also illustrates how pre-award protests can be utilized to maximize the competitive process. Additionally, the decision also raises . . . Read More
Court of Federal Claims Issues Wide-Reaching Decision on Trade Agreements Act
On July 16, 2018, the U.S. Court of Federal Claims (“Court”) issued a decision in the bid protest of Acetris Health, LLC v. United States, Case No. 18-433C, that will likely have far-reaching implications on other procurements involving the Trade Agreements Act (“TAA”). In that case, Acetris Health, LLC (“Acetris”) challenged the terms of a solicitation issued by the U.S. Department of Veterans Affairs (“VA”) to purchase Entecavir Tablets, a medicine designed to treat hepatitis B. In the solicitation for . . . Read More
Jon Williams was quoted by Bloomberg Government Federal Contracts Report in their recent article “Acetris Wins Buy American Dispute With VA, but Not Drug Contract.”
Jon Williams was recently quoted by Bloomberg Government Federal Contracts Report in their article “Acetris Wins Buy American Dispute With VA, but Not Drug Contract.” When asked about the ruling which no longer allows the VA to rely on Customs and Border Protection determinations for deciding whether a contractor is offering a product manufactured in the U.S. or a foreign country, Jon told Bloomberg Government, “the court concluded that procuring agencies and officials must ‘independently ascertain’ whether an offered product . . . Read More
SBA Continues to Focus on Fraud in Set-Aside Programs
The Weekly Update for July 20, 2018
SMALL BUSINESS ADMINISTRATION 504 Loan Program Rural Initiative: Waiver of Limitation on Lending Authority According to an article in amazonaws.com , the U.S. Small Business Administration (SBA) announced the 504 Loan Program Rural Initiative Pilot Program (504 Rural Pilot). The 504 Rural Pilot waives the restrictions on the authority of Certified Development Companies (CDCs) to make 504 loans outside their Area of Operations to allow each CDC to make loans for 504 Projects with an address located in any rural county . . . Read More
GAO Weighs in on Facility Clearance Requirement for Unpopulated Joint Ventures
A recent GAO decision upholds a facility clearance in a U.S. Department of Homeland Security (“DHS”) solicitation even if burdensome to unpopulated joint ventures. The protester in the case made a common mistake among unpopulated joint ventures: assuming the clearances of the venturers may be attributed to the joint venture, without going through the process of clearing the joint venture. GAO found the cleared status of the venturers was irrelevant under applicable classified information policies. In Management and Technical Services Alliance Joint Venture , B-416239 (June 25, . . . Read More
The Weekly Update for July 13, 2018
DEFENSE DEPARTMENT To Streamline Acquisitions, 809 Panel Presses Department of Defense to Adopt Portfolio Management According to an article on federalnewsradio.com , the congressionally-mandated panel in charge of finding ways to streamline the Defense acquisition system called on June 28, 2018 for dramatic changes in how DoD organizes itself to define requirements for weapons systems and manage its procurement budgets, saying DoD must move to a “portfolio-centric” approach to procuring military equipment. In the second volume of its report to Congress, . . . Read More
New and Proposed Certified Cost or Pricing Data Requirements Will Shift Burdens upon DoD Contractors
Compliance with the requirements of the Truthful Cost or Pricing Data statute (“TCPD”), which is still commonly known as the Truth in Negotiations Act, has been a significant burden to many small business contractors. Under TCPD, federal contractors are required to submit “certified cost or pricing data” to the contracting officer prior to the award of negotiated contracts where (i) the price exceeds a specific threshold and (ii) an exception to the requirement is not applicable. If there is a . . . Read More
No-Poaching Agreements: You Could Be Criminally Liable
Earlier this year, the Department of Justice’s Antitrust Division (DOJ) issued the Antitrust Guidance for Human Resource Professionals (DOJ Guidelines), which signaled for the first time that DOJ would “proceed criminally against naked wage-fixing or no-poaching agreements.” “No-poaching” or wage fixing agreements are a defense against employees leaving their companies to work for competitors in tight markets. However, companies that are not careful and enter into these agreements could face substantial liability, even criminal liability. By way of example, in . . . Read More
Employment Law for Government Contractors: Yes, It’s Different.
Presented by Nichole Atallah and Sarah Nash Click here to view the recorded session. As complicated as labor and employment requirements can be, the rules for government contractors are even more intricate. The Federal Acquisition Regulation (FAR) provides a roadmap for requirements that are unique to federal government contractors and includes provisions such as human trafficking prevention, service contract labor standards, sick leave, and affirmative action requirements. This webinar gives those dusty old FAR provisions new life and provides a simple framework . . . Read More