Tag Archives: government

Competition for the MASes…May Result in Messes

This post was also written by Joelle E.K. Laszlo. Full and open competition is a bedrock principle in federal contracting, so government initiatives to expand competition, like the interim rule on multiple-award schedule (“MAS”) contracts that took effect this summer, should come as no surprise. But competition breeds a lot of different things, and enhanced … Continue Reading

Those Seeking Dirty Laundry will be Disappointed – New Government Rules on Contractor Information Subject to Public Disclosure

This post was written by Steven D. Tibbets and Lorraine M. Campos. There is a long history of federal court cases distinguishing which items of information that contractors disclose to the Government may be obtained by the public and which items may not. Currently, there is much debate regarding how well the relatively new Federal … Continue Reading

No Contractor Left Behind: The Proposed Standardization of Contractor Past-Performance Evaluations

A proposed rule issued by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration on June 28, 2011 proposes to amend the Federal Acquisition Regulation (“FAR”) to provide a single set of standards for contract officers reviewing contractor past performance. In 2010, agencies were required to transition their various … Continue Reading

More than a Pass-Through?: DCAA to Evaluate whether Contractors and Subcontractors “Add Value”

This post was written by Stephanie E. Giese. Contractors for the U.S. Department of Defense, as well as the civilian agencies should expect to start seeing the Defense Contract Audit Agency (“DCAA”) recommend disallowance of certain contract costs on grounds that a contractor or subcontractor fails to “add value” when it subcontracts out more than … Continue Reading

FAPIIS Flap-is: Transparency Advocates Hate It Now, Contractors Likely to Hate It Later

This post was also written by Joelle E.K. Laszlo. It has been called “a steaming pile,” posited as “the worst government website . . . ever seen,” and emblazoned with two giant red thumbs pointed downward. And those were the reviews of its proponents. Just a handful of weeks after much of its content it became … Continue Reading

The Protest is in the Mail: GAO and COFC Differences Regarding Treatment of Late Bid Proposals

What happens when a bid proposal is sent via e-mail prior to the submission deadline but not by the proper party until after the submission deadline has passed? Turns out, the answer depends on whether the Government Accountability Office (“GAO”) or the Court of Federal Claims (“COFC”) is reviewing the matter. A government contractor dealing … Continue Reading

Hey, Government Contractor: Don’t Fret About the Next Federal Budget Stumbling Block; Prepare For It

This post was written by Lorraine M. Campos and Joelle E.K. Laszlo. When prevention of an event is impossible, preparation is the best defense. This is certainly the case for federal contractors facing an impending Government shutdown. By the time this ‘blog entry is posted, the likelihood of such a shutdown should be clearer, as … Continue Reading

No More Wavering on Waivers: Proposed FAR Amendments Seek to Standardize Sudan Waiver Process

This post was written by Joelle E.K. Laszlo. “Efficiency” and “transparency” are on the lips of many government regulatory types these days. Along these lines, the FAR Council has proposed a process for determining whether the President may waive in a particular circumstance the standing prohibition in FAR section 25.702 on doing business with entities … Continue Reading

Forget What You Know About Acquisition Thresholds (Unless You Know Some of Them Changed Recently)

This post was written by Joelle E. K. Laszlo. Inflation is good for some things, including increasing the acquisition-related thresholds in the Federal Acquisition Regulation (“FAR”). Inflation-pegged adjustments to the FAR thresholds were initiated by the Ronald W. Reagan National Defense Authorization Act of 2005, and are required every five years thereafter. The most recent … Continue Reading
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