CFIUS Annual Report Shows Items of Interest for Government Contractors
By Kimi Murakami The Committee on Foreign Investment in the United States (“CFIUS”) recently issued its Annual Report to Congress regarding transactions that they reviewed during 2014. Below are highlights of trends and issues gleaned from the report, as well as a few best practices that contractors performing work for the U.S. federal government may find interesting regardless of whether your business may soon be the target of a non-U.S. buyer. What is CFIUS? To guard against foreign investment that . . . Read More
No Excuses for Untimely Proposal Submissions – Even if it’s Not Your Fault
We recently wrote about issues bidders have faced with submitting proposals via FedConnect that have led to GAO concluding the bidders’ proposals were untimely. In line with these decisions, GAO has again demonstrated its strict enforcement of solicitation instructions and deadlines in Matter of: Advanced Decisions Vectors, Inc., B-412307 (Jan. 11, 2016) by denying a bidder’s challenge to the Department of Homeland Security’s (DHS) decision not to consider the bidder’s quotation because the quotation was not received by the solicitation’s . . . Read More
While Government Spending is Down, Bid Protests are Up
In a recently released report, the U.S. Government Accountability Office (GAO) provided a revealing look at significant shifts in bid protest trends that have taken place over the last six years. These trends show that even as the rate of government spending has decreased significantly during this time, the number of GAO protests have substantially increased. Specifically, in the last six years, the number of bid protests at the GAO has risen 45 percent even as overall government spending has . . . Read More
Five Signs Your Teaming Agreement Will Lead to Affiliation
Teaming agreements are valuable tools for all government contractors. They allow the proposed prime contractor and subcontractor to iron out their relationship prior to competing for a government opportunity. Teaming relationships themselves are particularly important to small business contractors who are trying to grow their portfolio, but may need the insight of an experienced subcontractor. However, small business primes teamed with large subcontractors on set-aside contracts are chief targets for size protests. Therefore, all small business primes must ensure that . . . Read More
A Look At The Numbers: 2015 Government Contracting Annual Report
Some very interesting data, trends, and analysis of government contracting, which should be of interest to government contractors, was published in a recent report by the National Contract Management Association (NCMA) and Bloomberg Government (Bloomberg). Some of the data should come as no surprise to firms seeing how U.S. government contracting dollars continue to be declining. According to the report, titled “Annual Review of Government Contracting, 2015 Edition,” contract spending will likely continue to fall due to budget caps and the . . . Read More
Court Ruling Confirms that SDVOSB Contractors Possess Procedural Due Process Rights Against Adverse Eligibility Determinations
The U.S. Department of Veteran Affair’s (“VA”) Center for Veterans Enterprise (“CVE”) has a tough and sometimes thankless job. Its role is to serve as a “gatekeeper” for VA contracting programs for service-disabled, veteran-owned small businesses (“SDVOSB”), so that purported SDVOSBs which are, in fact, no such thing or are otherwise ineligible, do not receive benefits under these programs. Even so, it is no secret that legitimate and eligible SDVOSBs have sometimes had unexpected and significant difficulties with CVE in . . . Read More
An 8(a) Contracting Cautionary Tale’s Final Scene
Many may have fond childhood memories of their parents reading cautionary tales or poems to them before going to bed, such as Hilaire Belloc’s “Rebecca: Who Slammed Doors For Fun and Perished Miserably” or Shel Silverstein’s “Sarah Cynthia Sylvia Stout Would Not Take the Garbage Out.” Like these poems, the stories are usually very funny. Yet, however ludicrous they may be, the writings often teach valuable life lessons without (usually) giving children bad dreams in the process. When one exits . . . Read More
Strategic Sourcing a.k.a. Constructive Criticism
The small business community’s ongoing struggle to increase its access to federal contracting and its share of the federal spend is facing yet another challenge. We say that small businesses are more robust then larger firms and are more able to adapt and mobilize in less time. Well the fact is that they have to be–particularly in our current environment. As the pie shrinks and agencies struggle to do more with less, a new or recycled term has emerged as . . . Read More
Right-Sized: How a Contractor and its Outside Counsel Adjusted a GSA Schedule BPA RFQ to the Appropriate Size Standard
Last summer, we helped a contractor with a case that had all of the plot twists of a Hollywood blockbuster. The case involved an RFQ for a blanket purchase agreement (“BPA”) under a GSA Schedule Contract. There were multiple Special Item Numbers (“SINs”) on the schedule, with different NAICS codes and size standards. The procuring agency issued the RFQ as a total set-aside for small businesses, but the terms of the RFQ were unclear as to how size would be . . . Read More
Right-Sized: How a Contractor and its Outside Counsel Adjusted a GSA Schedule BPA RFQ to the Appropriate Size Standard
An article by Jon Williams and Alex Levine’s published in February’s Contract Management Magazine. Last summer, we helped a contractor with a case that had all of the plot twists of a Hollywood blockbuster. The case involved an RFQ for a blanket purchase agreement (“BPA”) under a GSA Schedule Contract. There were multiple Special Item Numbers (“SINs”) on the schedule, with different NAICS codes and size standards. The procuring agency issued the RFQ as a total set-aside for small businesses, . . . Read More