Let’s suppose you’re a contractor that provides services to the federal government. Typically, your contract will require you to pay your employees the prevailing wage rates promulgated under the Service Contract Act.
What if you suspect that, under previous contracts, your competitors failed to pay their employees the mandated prevailing rates? Can you use a pre-award bid protest to obligate a procuring agency to police possible ongoing non-compliance through solicitation provisions? If you say yes, perhaps you should keep reading.
It’s time for the best part of the week: the SmallGovCon Week in Review!
In this week’s edition, the Deputy Secretary of Defense discusses the importance of cybersecurity in DoD procurements, a California company was ordered to pay back wages under the Service Contract Act, upcoming changes to startup contracts with the Air Force, and much more.
Have a great weekend!
I am very pleased to announce that Haley Claxton has joined our team of attorney-authors here at SmallGovCon. Haley is an associate attorney with Koprince Law LLC, where her practice focuses on federal government contracts law.
Haley is a recent graduate of the University of Kansas Law School, and has served as a law clerk to the Library of Congress Office of the General Counsel in Washington, DC. Check out Haley’s full biography to learn more about our newest author, and don’t miss her first SmallGovCon post on new rules recently implemented at the Civilian Board of Contract Appeals.
An agency ordinarily enjoys very broad discretion in its procurement-related decisions. This includes whether an agency will award a contract or, instead, cancel a procurement.
Broad as this discretion is, however, an agency does not have carte blanche to cancel a procurement on a whim. As a recent Court of Federal Claims decision shows, an agency must support its decision with sufficient information, lest the cancellation decision itself be successfully protested.
On August 17, 2018, the Civilian Board of Contract Appeals (CBCA) issued new procedural rules which go into effect Monday, September 17, 2018. The substantial overhaul of the former rules intends to bring the CBCA into the 21st century by emphasizing, adding, and clarifying rules about electronic filing.
Another week has flown by, which means that it’s time for the SmallGovCon Week in Review. In this week’s edition, we’ll take a look at Uncle Sam’s “cloud spending splurge,” a new GSA bid on a vendor verification system, frustrations with the VA’s verification process, the looming year-end spending binge, and more.
Have a great weekend!
In a best value competition, when two offerors receive identical adjectival scores on the non-price factors, one might assume that the procuring agency would be required to award the contract to the lower-priced offeror.
Not so. In a recent bid protest decision, the GAO held that where two offerors received identical scores on three non-price factors, the agency could still elect to award the contract to the higher-priced offeror.