Possible Trouble for Contractors Who Use Consultants to Prepare Proposals
A recent GAO decision highlights the importance of understanding the extent to which the government’s request for proposals (RFP) allows for the use of consultants in assisting with proposal preparation. In Matter of Advanced Communication Cabling, Inc., B-410898.2 (2015), GAO denied a protest that challenged an RFP prohibition on the use of consultants to assist with proposal preparation as being unduly restrictive of competition. The RFP, issued by the Department of Veterans Affairs (VA) in November 2014, anticipated the award . . . Read More
Consequences for Large Primes Not Hitting Subcontracting Plan Goals
By Katie Flood The U.S. Government Accountability Office (“GAO”) recently ruled that the Defense Logistics Agency (“DLA”) properly excluded a large business prime contractor’s proposal from the competitive range based in part on the contractor’s consistent failure to meet its small business subcontracting goals on previous contracts. In Graybar, B-410886 (Mar. 4, 2015), the large business prime contractor, Graybar, protested DLA’s exclusion of Graybar’s proposal from the competitive range. Specifically, Graybar challenged DLA’s assignment of deficiencies under the past performance . . . Read More
When A Protest Isn’t A Protest
In her familiar soliloquy in Shakespeare’s Romeo and Juliet, while longingly looking out of her window, Juliet said of her new-found love, Romeo: “What’s in a name? That which we call a rose/By any other name would smell as sweet.” Perhaps in a similar vein, Gertrude Stein cryptically wrote “a rose is a rose is a rose.” Law, however, operates with a very different logic. A recent decision issued by the U.S. Court of Appeals for the Federal Circuit (“Federal . . . Read More
Supreme Court Ruling Increases Potential Liability for Employers Failing to Accommodate Pregnant Employees
By Corey Argust On March 25, 2015, the Supreme Court reinstated a pregnancy discrimination suit that the Fourth Circuit Court of Appeals had previously decided in favor of the employer. The decision in Young v. United Parcel Service, Inc., 575 U.S. ____ (2015), opens the door to potential liability for employers with disability accommodation policies that formerly appeared to be nondiscriminatory. Peggy Young, the plaintiff in Young v. United Parcel Service, Inc. was a former, part-time . . . Read More
CVE Reverfication for Veteran-Owned Firms is not as Simple as Advertised – Peter Ford, Set-Aside Alert
Comments on Proposed Rule Small Business Government Contracting and NDAA of 2013 Amendments, RIN: 3245-AG58
Includes: Limitations on Subcontracting Identity of Interest Affiliation Joint Ventures Size Recertification NAICS Code Appeals Size Protests Nonmanufacturer Rule
PilieroMazza submits final comments to SBA
PilieroMazza submitted comments regarding the U.S. Small Business Administration’s (“SBA”) proposed rule of December 29, 2014, regarding the implementation of a statutory mandate for the performance requirements applicable to small business and socioeconomic program set aside contracts and small business subcontracting. The Proposed Rule is designed to implement section 1651 of the National Defense Authorization Act (“NDAA”) of 2013, which changes the limitations on subcontracting for full or partial small business and socio-economic program set-aside contracts and small business subcontracting. Additionally, . . . Read More
Late is not Always Late: The Government Control Exception for Late Proposals
By Julia Di Vito A common nightmare of government contractors probably plays out like this: you spend a significant amount of time and resources preparing a robust proposal in response to a solicitation, you are sure your firm is the most qualified to do the work and can provide the best value to the government, you submit your proposal electronically before the deadline and then—to your horror—the agency rejects your proposal because it is “late.” If this scenario happens to . . . Read More
House Bill Proposes Improvements to Small Business Contracting Policies
By Megan Connor The House Small Business Committee approved legislation on March 25, 2015 to ensure more small businesses can compete for federal contracts and help save taxpayer money. H.R. 1481, The Small Contractors Improve Competition Act of 2015, proposes a series of common sense improvements to small business contracting policies to promote increased competition, a healthier industrial base, and a more cost-effective federal procurement process. The bill is the result of a series of hearings examining small business contracting . . . Read More
GSA Proposes to Amend GSAR for Reporting of Transactional Data and Prices Paid by Ordering Activities
By Katie Flood On March 4, 2015, the General Services Administration (GSA) issued a Proposed Rule to amend the GSA’s Acquisition Regulations. The rule outlines a plan to adopt clauses requiring vendors to report transactional data from orders and prices paid by ordering activities. This includes orders placed against FSS contracts & non-FSS contract vehicles, GWACs, and IDIQ contracts. The Proposed Rule signals a shift away from GSA’s current price enforcement mechanism, the Price Reductions Clause, in favor of a . . . Read More