Author Archives: SmallGovConContributor

SCOTUS Rules Proprietary Business Information Shielded from FOIA Disclosure

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Many government contractors are familiar with FOIA requests, or requests made by individuals under the Freedom of Information Act for release of information in the federal government’s possession.

In the recent case Food Marketing Institute v. Argus Leader Media, the U.S. Supreme Court held that commercial or financial information is “confidential” and cannot be disclosed under FOIA where it is treated as private by its owner and provided to the government under an assurance of privacy.

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ASBCA Awards Costs Incurred Before Notice to Proceed

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Your newly awarded government contract requires you to move significant amounts of equipment prior to receiving a Notice to Proceed (NTP). You spend thousands of dollars moving equipment and people into place so you are ready to perform once the NTP is issued. But what if instead of issuing the NTP the agency cancels your contract? Are you out all of the costs incurred to prepare for the NTP?

Not necessarily. The Armed Services Board of Contract Appeals recently reviewed just this situation and awarded a significant amount to the contractor.

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If You’re Working on a Military Installation, Don’t Lose Your Base Access

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In the classic 1993 movie Gettysburg, Colonel Joshua Chamberlain, a great American hero (played by Jeff Daniels), commented on the power wielded by military commanders, particularly generals: “Generals can do anything. Nothing quite so much like God on Earth as a general on a battlefield.”

It turns out that this power extends to actions that might affect your Government contract. For instance, a base commander can revoke a contractor’s access to the base; if that happens, and the contract required the contractor to maintain base access eligibility, the Government can rightly terminate the contract for default.

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SCOTUS Declines to Limit Agency Power

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In a unanimous decision that read like a 5-4 vote, the Supreme Court handed down its decision in Kisor v. Wilke this week. All nine justices agreed that the case should be remanded to the lower court, but they expressed dramatically different reasoning.

What it means, essentially, is that for now courts will continue to defer to agencies’ reasonable interpretation of their own regulations. For contractors facing off against agencies, it means that the agencies still have the upper hand—however, SCOTUS did try to limit it some.

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GAO finds DOD Middle-Tier Acquisition Pathway Needs More Oversight

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Congress has long had concerns that Department of Defense procurements did not act fast enough to get innovations in the hands of our nation’s warfighters. Section 804 of the 2016 National Defense Authorization Act addressed this concern by requesting the creation of procurement pathways for rapid prototyping and rapid fielding.

To achieve this aim, a “middle-tier” DOD procurement pathway was created. The roll-out of this middle-tier pathway has been complicated and GAO recently decided to look at why.

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SBA’s 2018 Small Business Procurement Scorecard: Over $120 Billion Awarded to Small Businesses

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Earning federal contracts is a powerful tool to help small companies grow their business. To help make sure that small businesses have a seat at the table, the Small Business Act sets prime contracting goals for small businesses (along with each socio-economic category). 15 U.S.C. § 644(g). And each year, the SBA issues a scorecard grading the government’s compliance with those goals.

Just a couple days ago, the SBA released its scorecard for the 2018 fiscal year. All told, the scorecard paints a rosy picture of small business contracting.

Let’s take a look.

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