As a branch of the Treasury Department, the United States Mint would usually be subject to federal procurement laws, like bid protests. As one contractor recently discovered, however, certain activities at the Mint have been exempted from many federal procurement laws, including GAO protest review.
Simply put, the GAO can’t decide a bid protest of Mint procurements.
Asking new employees to sign arbitration agreements is common in the commercial business world. But it can be a big no-no in government contracting.
In a recent bid protest decision, GAO sustained a protest where a Reston, Virginia company required its proposed key personnel to sign binding arbitration agreements. In other words, requiring key personnel to arbitrate employment disputes cost the original awardee a $41 million contract.
When a contractor leases equipment to the government, the contractor typically expects that the government will take good care of that equipment. But a recent Armed Services Board of Contracts Appeals case reveals the government does not always take such proper care of leased goods or equipment.
What happens then? Well, the contractor may be able to recover damages under the contract and common law principles.
Editor’s Note: You can find our updated post on Affiliation here.
Affiliation might be one of the scariest words to small business government contractors. But why?
Here are five things you should know about affiliation:
It’s a Sunday afternoon and instead of watching football, you’re shopping for a new refrigerator. You explain to the salesman your must-haves: a black refrigerator with a bottom-drawer freezer and an in-door water dispenser. But rather than showing you refrigerators that meet your criteria, he insists on showing you stainless steel models with the freezer on the side.
If the refrigerator doesn’t meet your needs (or your wants), odds are you won’t buy it. The federal government is no different: if it identifies salient characteristics in a solicitation, proposals that deviate from them likely aren’t going to win the award.