Limitations on Subcontracting: FAR Revisions May Be Delayed

Posted on June 28, 2018 by Steven Koprince

At least a couple times a month, I’m asked when the FAR’s limitations on subcontracting provisions will be updated to correspond with SBA regulations adopted in 2016, and underlying statutory changes adopted way back in the 2013 National Defense Authorization Act.

Well, now it seems that the FAR updates may take longer than I’d hoped. In its most recent “Open Cases” update, the FAR Council says that it’s made a switch in the procedure that will be used to implement the changes to the limitations on subcontracting–and that switch will likely delay the implementation of those changes by several months.

CBCA: Overhead Costs During Delay Depend on Uncertain Date for Work Resumption

Posted on June 25, 2018 by Shane McCall

A contractor can become entitled to costs during a delay in performance. But when is a government contractor entitled to unabsorbed overhead costs during a government-caused suspension or delay? A recent Civilian Board of Contracts Appeals case answers that question in part.

SmallGovCon Week in Review: June 18 – 22, 2018

Posted on June 22, 2018 by SmallGovConContributor

Summer has officially started! Let’s get it started off with the SmallGovCon Week in Review.

This week’s edition includes a new FAR provision relating to the Kaspersky ban, NIH’s CIO-SP3 HUBZone awards, and much more.

SBA Inspector General: 89% of WOSB Sole Source Contracts Were Improper

Posted on June 21, 2018 by Steven Koprince

Nearly 90% of women-owned small business sole source contracts reviewed by the SBA Office of Inspector General were improper, according to a startling report issued yesterday.

In the study, the SBA OIG concluded that because of pervasive flaws in the award of WOSB and EDWOSB sole source contracts, “there was no assurance that these contracts were awarded to firms that were eligible to receive sole-source awards under the Program.” And if that wasn’t enough, the SBA OIG reiterated its position that, as a legal matter, it is improper to award any WOSB or EDWOSB sole source contract to a self-certified company.

GAO: Where RFP Requirements Clearly Not Met, Protest Costs Reimbursable

Posted on June 20, 2018 by Shane McCall

As Koprince Law attorneys have discussed in depth, GAO will in some instances award costs for a clearly meritorious protest where an agency does not take corrective action before the due date for the agency report. But what are the standards for a “clearly meritorious” protest?

It’s instructive to look at a recent GAO decision that reviewed protest grounds dealing with past performance evaluation and a requirement that the Army be able to set up the proposed product within 60 seconds.

SmallGovCon Week in Review: June 11 – 15, 2018

Posted on June 15, 2018 by SmallGovConContributor

In honor of Father’s Day, how about a dad joke?

What kind of train eats too much?

A chew-chew train!

. . .

Now that you’ve stopped laughing, let’s dig into the SmallGovCon Week in Review. This week’s edition includes articles about the draft 2019 NDAA, an update on the SAM.gov hack, a proposed FAR amendment, and more. Happy Father’s Day, and have a great weekend!

Claim of Bad Faith Termination by Government Requires Strong Evidence, says CBCA

Posted on June 14, 2018 by Shane McCall

An agency has broad discretion to terminate a contract for convenience. But sometimes, a contractor will challenge the termination for convenience by arguing that the agency acted in bad faith in terminating the contract.

A recent CBCA decision looks at what type of evidence is needed to establish bad faith. Not surprisingly, the CBCA confirms that the standard of proof is quite high.