GAO: Procuring Agency Needn’t Disclose Inter-Agency Consultation

Posted on July 18, 2017 by SmallGovCon Contributor

As many contractors and attorneys can attest, federal acquisitions sometimes seek items that are federally regulated, which can result in some complex compliance issues. A classic example of this interaction is the procurement of aircraft. Not only must bidders comply with the requirements of the solicitation, they must also satisfy the FAA’s airworthiness regulations.

So what happens when the FAA’s regulations and the solicitation requirements appear to be at odds? That was the question presented to GAO in Timberline Helicopters, Inc., B-414507, (June 27, 2017), where inter-agency communications between the procuring agency and the FAA resolved the issue. And according to GAO, the procuring agency wasn’t required to disclose those communications to prospective offerors.

CORs Weren’t Authorized To Order Additional Work–So Contractor Goes Unpaid

Posted on July 14, 2017 by SmallGov Contributor

A contractor’s performance of extra work outside the scope of the contract may go uncompensated if a contractor does not receive appropriate authorization in accordance with the contractual terms.

A Court of Federal Claims decision reinforced that a contractor should only perform work required under the terms of the federal contract or directed by an authorized government agent in accordance with the contractual terms. And importantly, a Contracting Officer’s Representative isn’t always authorized to order additional work–even if that person acts as though he or she has such authority.

SmallGovCon Week In Review: July 10-14, 2017

Posted on July 14, 2017 by Steven Koprince

I’m back in the office after a great family beach vacation in Florida over the 4th of July. I have a confession to make: I didn’t read a single government contracts article during my trip. My beach reads consisted entirely of popular fiction with no redeeming social or educational value whatsoever.

But that was then, and this is now–I’m back, and so is the SmallGovCon Week In Review. This edition includes an update on the 2018 National Defense Authorization Act, a DHS contract called out as the “textbook definition of waste,” a contractor accused of a $20 million bribery and bid-rigging scheme, and more.

Contractor Awarded $31,000 In Attorneys’ Fees For $6,000 Claim

Posted on July 13, 2017 by Steven Koprince

A contractor was awarded more than $31,000 in attorneys’ fees and costs after a government agency unjustifiably refused to pay the contractor’s $6,000 claim–forcing the contractor to go through lengthy legal processes to get reimbursed.

A recent decision of the Civilian Board of Contract Appeals is a cautionary tale for government contracting officials, a few of whom seem inclined to play hardball with low-dollar claims, even when those claims are entirely justified.

SDVOSB & VOSB Reverification: VA Confirms Extended Three-Year Eligibility

Posted on July 12, 2017 by Steven Koprince

After receiving “numerous” public comments, the VA has confirmed today that the extended three-year SDVOSB and VOSB verification term–originally adopted in February 2017–will remain in effect indefinitely. Before February, SDVOSBs and VOSBs were required to be reverified every two years.

ASBCA Says Contractor Wasn’t Exempt From State Tax

Posted on July 12, 2017 by SmallGov Contributor

They say that two things in life are guaranteed – death and taxes – and status as a federal contractor may not exempt one from the latter, according to a recent Armed Services Board of Contract Appeals decision.

In Presentation Products, Inc. dba Spinitar, ASBCA No. 61066 (2017), the ASBCA held the contractor was liable to pay a state tax, and the government had no duty to reimburse the contractor. The problem arose from the fact that the contractor did not incorporate state tax costs into its proposed price, despite being required to pay the taxes under the terms of the contract and applicable state law.

SBA OHA: Contractors, Check Your Email Carefully (Or Else)

Posted on July 11, 2017 by SmallGovCon Contributor

Everyone has that one friend who has an inbox overflowing with emails. You know the one who just can’t seem to delete any old emails, or go through and sort the legit emails from junk. Well, when it comes to size protests and appeals, government contractors may want to be extra vigilant about checking their email inboxes and spam folders, just in case an important government email arrives.

In a recent decision, the SBA Office of Hearings and Appeals found that the size appeal clock started ticking on the day that the SBA sent an email to a contractor–even though the contractor did “not recall” receiving the email.