Author Archives: Shane McCall

Section 809 Panel Recommends Increased Flexibility of Time Frame to Spend DOD Contract Dollars

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As we’ve written about before, the Section 809 Panel is the Congressionally-mandated group that has made a number of far-reaching recommendations to change current programs that affect DOD acquisitions.

The third volume of the Panel’s recommendations, stretching over 500 pages, includes a recommendation that DOD be granted additional flexibility to spend its appropriated dollars from Congress. As the Panel puts it, Congress should “[p]rovide increased flexibility to the time periods within which contract obligations are permitted to occur.”

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GAO: Federal Supply Schedule Shorter in Duration than Blanket Purchase Agreement Spells Doom for Protester

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Many GAO protests can hinge on fairly minute details that render a proposal unacceptable. A recent GAO case is a reminder that a contractor’s GSA Federal Supply Schedule must have sufficient duration to cover the period of performance for a blanket purchase agreement or the contractor may be ineligible for award.

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Section 809 Panel Recommends Changes to Domestic Purchase Preferences

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The Section 809 panel is the Congressionally-mandated group that has made a number of far-reaching recommendations to change current programs that affect DOD acquisitions.

Another one of their ideas is to eliminate certain domestic purchasing preferences by having Congress create exceptions for DOD purchases and create a public interest exception for the Berry Amendment. The panel’s concern is that the purchasing restrictions can result in higher prices, reduced volume, or delivery delays.

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COFC Dismisses Claim for Failure to State Dollar Amount, Despite Claimant’s Attempt to Camouflage Claim

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A government contractor must include certain details in a certified claim, including a sum certain, signature, and a request for a final decision. With regards to the “sum certain,” a contractor cannot avoid this requirement by attempting to portray its claim as one not for monetary relief, when the contractor is really just asking for money.

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GAO Dismisses Untimely Protest Grounds, Incumbent Should Have Known of Pricing Issues Based on Debriefing

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GAO will frequently dismiss protest grounds based on its strict timeliness rules, as we’ve written about before on the blog. Generally, GAO’s bid protest regulations require a contractor to file a protest within “10 days after the basis of protest is known or should have been known.”

But sometimes knowing when a protest ground is untimely can be difficult. For instance, where a protester should have known the basis for protest based on an inference from a debriefing response and its incumbent knowledge, does that debriefing start the 10-day protest clock running? A recent GAO decision answers that question in the affirmative.

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COFC: False Information in SDVOSB Application Proper Grounds for VA Removal

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While most of the rules for SDVOSB eligibility now reside with the SBA, the VA is still responsible for verification of entities for inclusion into its database of verified SDVOSBs and VOSBs. A recent Court of Federal Claims case describes what sort of conduct might get a business removed from the VA’s database–even if that conduct doesn’t run afoul of the SBA’s SDVOSB rule.

While the conduct in this case is somewhat egregious, it is a good reminder that VA has the power to thoroughly investigate the eligibility of an SDVOSB and can revoke the verified status based on inaccurate statements in an application.

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COFC: Agency Cannot Ignore Changed Solicitation Requirements after 4-Year Bid Protest Saga

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A recent court case details the aftermath of a bid protest battle lasting over four years. During that period, the agency’s requirements had changed, and the court held that the agency was required to amend its solicitation as a result.

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