SmallGovCon Week in Review: November 6-10, 2017

Happy Veterans Day to all our SmallGovCon readers. We hope that you will take some time today and tomorrow to honor the strength, loyalty and commitment that our brave veterans dedicated to this country. Veterans, we are deeply grateful for your service.

This edition of SmallGovCon Week In Review brings a look at six large companies with a high reliance on government contracts, the “Amazon Amendment” and how Amazon is looking to expand it’s operations through government procurement, the removal of Fair Pay and Safe Workplaces Rule, tips for WOSBs to succeed in the federal marketplace, and much more.

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Binding Arbitration in Employment Contracts? Not in Some Federal Government Work

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.

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Government Damages Contractor’s Equipment, Board Awards Costs

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.

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Thank You, NACA!

I am back in Lawrence after a great trip to Washington, DC where I attended the Native American Contractors Association 2017 Federal Contracting Policy and Advocacy Conference.  I was part of a great panel yesterday on the future of federal contracting.  The panel spoke about GAO bid protests, the move away from lowest-price technically-acceptable procurements, the need to improve the HUBZone program, and other important topics facing the contracting community in the years to come.

A huge “thank you” to Mike Anderson, Chelsea Fish, and the entire NACA leadership team for organizing this fantastic event and inviting me to participate.  And a big thanks also to everyone who attended the panel and stopped by the Koprince Law LLC booth.  It was wonderful to see so many old friends and make plenty of new ones.

Next on my travel agenda: the National Veterans Small Business Engagement.  If you will be attending the NVSBE, I look forward to seeing you in St. Louis.

Salient Characteristics in Government Solicitations: Close Isn’t Good Enough

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.

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