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.
The Department of Defense has issued a class deviation raising the micro-purchase threshold to $10,000, effective immediately.
The increase implements Section 821 of the 2019 National Defense Authorization Act, which was signed into law last month.
The Government improperly threatened to terminate a contractor for default, because there was no good reason to believe the contractor had actually defaulted.
In a fascinating new decision by the Armed Services Board of Contract Appeals, the Government’s threat–made to a contractor with cash-flow issues–amounted to coercion, and invalidated a settlement agreement that awarded the contractor much less than it probably should have received.
An Air Force Contracting Officer, asked by a contractor where to send an appeal, provided the contractor with information about the Civilian Board of Contract Appeals, not the Armed Services Board of Contract Appeals.
Despite the Contracting Officer’s erroneous advice, the CBCA dismissed the appeal for lack of jurisdiction.
I am back from a great trip to Norman, Oklahoma where it was an honor to be part of the annual Indian Country Business Summit. My talk at the ICBS covered recent legal developments in government contracting law, including the Section 809 Panel reports, the strict SBA SDVOSB ownership requirements, enhanced debriefings, and much more.
A big thank you to the Tribal Government Institute and Oklahoma Bid Assistance Network for sponsoring this wonderful event, and Victoria Armstrong and everyone who worked with her to organize it. And, of course, thank you to all of the clients, old friends, and new faces I met and spoke with at the conference.
I’ve been a road warrior recently, but will be sticking around town for awhile as the fourth quarter heads into its last stretch. Next up on my schedule: the Buy, Build and Sell Conference in Washington, DC on October 11. I’m looking forward to spending a day in my old DC stomping grounds.
The Department of Defense’s micro-purchase threshold will double, from $5,000 to $10,000, under the 2019 National Defense Authorization Act.
The increase in the DoD micro-purchase threshold will put the DoD on par with civilian agencies after Congress increased the civilian micro-purchase threshold to $10,000 in last year’s NDAA.
We’re halfway through the government’s fourth quarter, and experienced contractors know what that means–lots of awards on the horizon.
According to a fascinating new analysis from USASpending.gov, the fourth quarter spike in contract awards is quite real, and quite significant: the value of average weekly contract spending in the final week of the fiscal year is more than double that of the next-highest weekly average.