A Contracting Officer must designate the NAICS code which best describes the principal purpose of the product or service being acquired, right?
Not always. As demonstrated in a recent SBA Office of Hearings and Appeals decision, when it comes to picking a NAICS code for a GSA Schedule task order, a Contracting Officer’s choices can be quite limited–and the “best” NAICS code might not be chosen.
A New York government contractor has agreed to pay $5.65 million to resolve claims that it violated the False Claims Act by failing to comply with the Price Reduction Clause in its GSA Schedule contract.
The hefty settlement is a strong reminder that the GSA takes the Price Reduction Clause very seriously, and that failing to abide by the Price Reduction Clause can lead to significant repercussions.
For a procuring agency, is there anything worse than being schooled on principles of timeliness and fairness by a federal judge?
As the Department of Veterans Affairs found out in a recent decision by the U.S. Court of Federal Claims, there is something that may be worse: being schooled by a federal judge repeatedly quoting from Alice’s Adventures in Wonderland, the 1865 book by Lewis Carroll.
The HUBZone price preference applies to GSA leasehold acquisitions, according to a GAO decision confirming a prior bid protest ruling.
In General Services Administration–Reconsideration, B-406040.2 (Oct. 24, 2012), the GSA asked the GAO to reconsider its decision in The Argos Group, LLC, B-406040 (Jan. 24, 2012), in which the GAO initially held that the HUBZone price evaluation preference applies to GSA lease acquisitions. The GAO–with the SBA’s support–confirmed its prior ruling, holding that the GSA cannot evade the HUBZone price preference when it issues a competitive procurement to acquire a lease.