An offeror’s proposal to hire incumbent personnel–but pay those personnel less than they are earning under the incumbent contract–presents an “obvious” price realism concern that an agency must address when price realism is a component of the evaluation.
In a bid protest decision, the GAO held that an agency’s price realism evaluation was inadequate where the agency failed to address the awardee’s proposal to hire incumbent personnel at discounted rates.
An agency failed to meet its obligations to properly publicize a simplified acquisition valued between $15,000 and $25,000 where the agency placed the solicitation in a three-ring binder at the reception desk in a government office–and that office was closed during most of the relevant time.
In a recent decision, the GAO affirmed that principle that even when the dollar value of a simplified acquisition doesn’t meet the requirement for electronic posting on FedBizOpps, the agency still must take reasonable steps to maximize competition.
The curse is broken! For the first time in 71 years, my Chicago Cubs will play a World Series game in Wrigley Field tonight. While I wish I could be in Wrigley to cheer them on, the ticket prices are being called “record breaking,” and not in a good way. So I’ll be watching with my family from the comfort of my couch right here in Kansas–which, if nothing else, will offer the advantage of a better dinner than the ballpark (I’ll take chicken smoked on the Big Green Egg over a ballpark hot dog any day).
But before I head home to watch the first pitch, it’s time for our weekly dose of government contracting news and notes. In this week’s SmallGovCon Week In Review, a judge has blocked implementation of the Fair Pay and Safe Workplaces Rule, Guy Timberlake sounds the alarm about proposed changes to small business goaling, a group of contract employees have gone on strike in protest of alleged legal violations, and much more.
If you are a service-disabled veteran owned small business or veteran-owned small business, there’s no bigger event than the annual National Veterans Small Business Engagement.
This year’s NVSBE will be in Minneapolis, and is less than a week away. I am excited to announce that I’ll be presenting four Learning Sessions at the 2016 NVSBE on a variety of legal topics important to SDVOSBs and VOSBs.
While an agency may require a unilateral reduction in a contractor’s price due to a reduced scope of work, the government carries the burden of proving the amount.
In a recent decision, the Armed Services Board of Contract Appeals held that while an agency was entitled to unilaterally reduce the scope of work, the agency had not proven the amount of the unilateral deduction it demanded–and the government’s failure to meet its burden of proof entitled the contractor to the remaining contract price.
In order for an employee to count as a HUBZone resident for purposes of a specific HUBZone contract, the employee must reside in an officially designated HUBZone on the contract award date.
A recent decision of the U.S. Court of Federal Claims is a cautionary tale for HUBZone companies, which are responsible for ensuring that the 35% employee residency requirement is met on the award date.
It is KU’s homecoming weekend here in Lawrence. I’m planning to catch KU’s homecoming parade with the family tonight, and then cheer KU onto football victory tomorrow against Oklahoma State (ok, that last part may be wishful thinking).
Of course, before we all head out to enjoy an autumn weekend, it’s time to get caught up on the latest in federal government contracting news. In this week’s SmallGovCon Week In Review, a former State Department employee will spend four years in prison for helping steer contracts to his son’s company, the IRS awards contracts to contractors owing back taxes, one commentator sounds a well-worn (and in my view, essentially incorrect) alarm about bid protests, and much more.