Congress Lowers the Acceptability of LPTA
Government contractors have criticized lowest-priced technically acceptable (“LPTA”) procurements since LPTA was first introduced as a source selection method. In an LPTA procurement, all offerors that meet the requirements in a solicitation are deemed technically acceptable, and award is based solely on price. Critics of LPTA have argued that this source selection technique does not allow an agency to exercise the type of judgment needed when a contract involves complex requirements or when quality, safety, and innovation are paramount. The . . . Read More
The Weekly Update for August 24, 2018
FEDERAL ACQUISITION REGULATIONS Federal Acquisition Regulation; Paid Sick Leave for Federal Contractors The Department of Defense (DoD), General Services Administration (GSA), and NASA are adopting as final, without change, an interim rule amending the FAR to implement the Executive Order, Establishing Paid Sick Leave for Federal Contractors. The interim rule also implemented a final rule issued by the Department of Labor. 83 Fed. Reg. 163, 42569 . Federal Acquisition Regulation: Non-Retaliation for Disclosure of Compensation Information The DoD, GSA, and NASA adopted as final, without . . . Read More
Contractor Who Brought Lawsuit Against Government Faces False Claims Act and Fraud Counterclaims
The U.S. Court of Federal Claims (“COFC”) recently issued an opinion that should give pause to contractors who seek to bring suit against the U.S. government but have not complied with materially relevant government regulations. In LW Construction of Charleston, LLC v. U.S., a government contractor filed suit against the Department of Veterans Affairs (“VA”), alleging that its contract for a construction project at Fort Jackson National Cemetery was wrongfully terminated. The procurement under which LW Construction of Charleston (“LW”) had . . . Read More
The Weekly Update for August 17, 2018
SMALL BUSINESS ADMINISTRATION Small Business Size Regulations: Correction SBA revised the entry for NAICS code 336999 under Subsector 336 with the addition of “All Other Transportation Equipment Manufacturing” under the NAICS’ U.S. industry title and “1,000” under Size Standards for number of employees. 83 Fed. Reg 159, 40660 . GENERAL SERVICES ADMINISTRATION General Services Administration Acquisition Regulation; Federal Supply Schedule, Order-Level Materials; Technical Amendment GSA is amending the General Services Administration Acquisition Regulation to clarify the text regarding the application of the threshold for order-level . . . Read More
Worried About an Organizational Conflict of Interest? It’s Time to Mitigate!
The phrase organizational conflict of interest (“OCI”) may result in uncertainty and even anxiety for many government contractors. A contractor may be unsure as to whether it may have an OCI if it submits a proposal for or is awarded a contract. And, if the contractor has an OCI, it may not know if the OCI can be mitigated or what to do to mitigate or avoid the OCI. These are critical considerations, as an OCI may result in an . . . Read More
GUEST BLOG: End of Fiscal Year Buying Season—Cash in with Your GSA Schedule
With summer here, we are reminded that the federal fourth quarter (Q4) buying season is upon us. September 30 marks the end of the federal government’s 2018 fiscal year (FY), and federal contractors should take steps to obtain as much yearend money as possible. For those companies whose commercial sales may lag in the summer months, this can be the perfect time to focus on sales, especially through the GSA Schedule Program, as federal agencies strive to spend the rest . . . Read More
How to Walk in the Valley of the Shadow of Death: Strategies for Mid-Tier Federal Contractors
It is a well-known fear of many small business federal contractors that, if you are too successful, it may be the death knell for the business. Every small business set aside is restricted to only those companies whose revenues or employees fall below the applicable size standard, some of which are quite small (only a few million dollars a year in some cases). As a result, small businesses that continue to win work soon find themselves classified as a large . . . Read More
Current Trends in Federal Procurement
For government contractors, staying ahead of the curve is critical for success. Knowing about a new law, policy, or program can provide you with a competitive advantage. There are three current trends in federal procurement that are significantly affecting the means agencies use to purchase goods and services as well as the ways contractors compete for those opportunities: category management, the 809 Panel, and other transaction authority (“OTA”). Staying abreast of these trends and determining how you can effectively maneuver . . . Read More
The Weekly Update for August, 3, 2018
SMALL BUSINESS ADMINISTRATION Surety Bond Guarantee Program Fees This document announces a temporary decrease in the guarantee fees that the U.S. Small Business Administration (SBA) charges all Surety companies and Principals on each guaranteed bond (other than a bid bond) issued in SBA’s Surety Bond Guarantee Program. 83 Fed. Reg. 146, 36658 Contracting with Small Disadvantaged Businesses and Those Owned by Minorities and Women Has Increased in Recent Years According to an article on GAO.gov , the federal government is one of the country’s largest advertisers, . . . Read More
Legal Advisor Newsletter – Third Quarter 2018
In this issue: Current Trends in Federal Procurement How to Walk in the Valley of the Shadow of Death: Strategies for Mid-Tier Federal Contractors It’s Time to Tell Your Subcontract to Say “Aaah”: Before You Ink That Upcoming Subcontract, You Would Be Wise to Undergo a Check-up End of Fiscal Year Buying Season—Cash in with Your GSA Schedule