Unpaid Federal Taxes Will Mean “No Contracts” Under New FAR Provision

Posted on December 9, 2015 by Steven Koprince

Under a new FAR provision effective in February 2016, the Government typically will not enter into a contract with any corporation that has an unpaid Federal tax liability that is not being contested or timely repaid. The same new FAR provision prohibits the Government, in most cases, from awarding a contract to a company recently convicted of a Federal felony.

The new FAR provision requires a corporate offeror to represent whether it has any unpaid tax liabilities or recent felony convictions. If the answer to either question is “yes,” the Government cannot award a contract unless it has first considered suspension or debarment of the offeror, and determined that suspension or debarment is unnecessary to protect the Government’s interests.

CBCA: “Appeal” Sent To Contracting Officer Didn’t Count

Posted on December 8, 2015 by Steven Koprince

A contractor’s challenge to a contracting officer’s final decision was “improperly directed” when it was sent only to the contracting officer, and did not delay the 90-day period in which the final decision could be appealed to the Civilian Board of Contracting Appeals.

As demonstrated in a recent CBCA decision, when a contractor receives a contracting officer’s final decision, the appeals clock starts ticking–and an “appeal” to the contracting officer doesn’t stop the clock.

GAO To Contractors: Use Your Own Words

Posted on December 7, 2015 by SmallGovCon Contributor

In a recent decision, the GAO played seventh-grade English teacher, reminding offerors to use their own words to get full proposal-writing credit.

In the case of Res Rei Development, Inc., B-410466.7 (Oct. 16, 2015), the agency found a proposal unacceptable because, in its view, the offeror had simply restated the terms of the solicitation. The GAO agreed with the agency’s decision, writing that a proposal that merely restates the requirements of the solicitation without adding detail and insight into how the offeror would manage and execute the contract can be found unacceptable.

SmallGovCon Week In Review: November 30-December 4, 2015

Posted on December 4, 2015 by Steven Koprince

We hope that all of our readers had a wonderful and relaxing Thanksgiving. While we are looking forward to seeing what 2016 brings, we continue to bring you our weekly dose of government contracting news and notes for the remainder of the year.

In this week’s edition of SmallGovCon Week In Review, a look at ever-increasing regulatory burdens on contractors, the American Legion endorses a proposal to increase veteran-owned contracting, the Government recovers $3.5 billion in False Claims Act cases, and more.

GAO To Protesters: Check Your (Spam) Email

Posted on December 3, 2015 by SmallGovCon Contributor

GAO’s filing deadlines are strict, and a protest that does not abide by them generally will be dismissed. In All Native, Inc., B-411693 et al. (Oct. 5, 2015), the GAO expanded upon this rule by dismissing a protest where the protester missed a filing deadline by a single day. In doing so, the GAO refused to extend the deadline merely because the GAO’s email setting that deadline apparently ended up in the protester’s “spam” email folder.

SBA Size Protests: SBA Need Not Seek “Outside Sources” Of Information

Posted on December 2, 2015 by Steven Koprince

When the SBA evaluates a size protest, it need not obtain and consider “outside sources” of information–that is, information that is not provided by the protester or the protested business.

A recent decision of the SBA Office of Hearings and Appeals highlights the need for a size protest to include specific, detailed information about why the protested firm is alleged to be “other than small.” If the protester does not include information from outside sources, the SBA is not required to seek out such information on its own.

Ostensible Subcontractor Rule: Hiring Subcontractor’s Project Manager Didn’t Create Affiliation

Posted on November 25, 2015 by Steven Koprince

Ostensible subcontractor affiliation was not created when the small prime contractor proposed to hire its subcontractor’s current employee to serve as the prime contractor’s project manager.

In a recent size appeal decision, the SBA Office of Hearings and Appeals held that, where the prime contractor would retain supervision and control of contract performance, the prime contractor was not dependent on its subcontractor for contract management.