Fair Opportunity Complaints on Task and Delivery Orders
Last week, the General Services Administration (“GSA”) issued a final rule amending the General Services Administration Acquisition Regulation (“GSAR”) to clarify that the ordering-agency task and delivery order ombudsman has jurisdiction and responsibility to review and resolve fair opportunity complaints on task and delivery orders placed against GSA multiple-award contracts (“MACs”). The final rule also requires the ordering agency to include contact information for their task and delivery order ombudsman when placing task or delivery orders against MACs. In addition, . . . Read More
Congress Makes Confusing Changes to the VA’s Verification Program – Julia Di Vito – Legal Advisor
New Pilot Program Will Give Certain Small Businesses New Option to Obtain Past Performance Ratings – Patrick Rothwell – Legal Advisor
It s a New Year, Are You Still a Small Business? – Michelle Litteken – Legal Advisor
FAR’s Signature Requirements Strictly Enforced
Though we live in the electronic age, the pen’s power endures in the government contracts world—at least when it comes to signatures for certified claims. The Armed Services Board of Contract Appeals (“ASBCA”) recently held that it could not hear a contractor’s appeal under the Contract Disputes Act (“CDA”) for some of its claims worth over $100,000 because the certified claims that the contractor submitted contained typewritten names on the signature lines. Instead of putting pen to paper or affixing . . . Read More
The Weekly Update January 16, 2017
GOVERNMENT CONTRACTS Federal Acquisition Regulation; Federal Acquisition Circular 2006-95 This Federal Acquisition Circular provides a summary presentation of final rules issued by the Department of Defense (“DOD”), the General Services Administration (“GSA”) and National Aeronautics and Space Administration and agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council. The Small Entity Compliance Guide for these final rules can be found here . Item I – Uniform Use of Line Items (FAR Case 2013-014) This final rule . . . Read More
Supreme Court Agrees to Hear Cases Attacking Arbitration Agreements With Class Action Waivers
On Friday, January 13, 2017, the Supreme Court agreed to consider arguments over whether employer arbitration policies that prohibit employees from filing class or collective actions are violative of the National Labor Relations Act. Justices granted cert to three petitions – in National Labor Relations Board v. Murphy Oil USA, Ernst & Young LLP v. Morris, and Epic Systems v. Lewis – each dealing with arbitration agreements requiring individual arbitration to resolve employer-employee disputes. In recent years employers have used . . . Read More
The Oft-Underappreciated Value of Intervening
By Michelle Litteken Many contractors are familiar with post-award bid protests. Soon after receiving notification of award, the contracting officer may notify the awardee that a bid protest has been filed by a disappointed offeror at the Government Accountability Office (“GAO”) or the Court of Federal Claims (“COFC”). However, some contractors are not aware of the option to participate in the proceeding if their award is challenged. Namely, at either the GAO or COFC, the awardee may intervene in the . . . Read More
Lower Tier Small Business Subcontracting Plan Credit Finally In Sight
By Katie Flood Right before the tail end of 2016, SBA delivered its long-awaited Final Rule regarding lower-tier small business subcontracting plan credit. Implementing directives initiated by Congress in the 2014 National Defense Authorization Act, the Final Rule allows other than small prime contractors with individual subcontracting plans to receive credit toward small business subcontracting goals for subcontract awards made to small businesses at any tier, to the extent reported on the subcontracting plans of its lower tier subcontractors. The Final Rule . . . Read More
The Weekly Update January 6, 2017
GOVERNMENT CONTRACTS Memorandum: Implementation of Defense Federal Acquisition Regulation Supplement Final Rule 2016-D002, Enhancing Effectiveness of Independent Research and Development On January 4, 2017, the Under Secretary of Defense for Acquisition, Technology and Logistics released a memorandum to implement the class deviation the Department of Defense (“DOD”) issued on December 1, 2016 for its final rule amending the Defense Federal Acquisition Regulation Supplement. This class deviation alleviates the requirement that the technical interchanges between “major” defense contractors and a technical . . . Read More