GUEST BLOG: End of Fiscal Year Buying Season—Cash in with Your GSA Schedule
With summer here, we are reminded that the federal fourth quarter (Q4) buying season is upon us. September 30 marks the end of the federal government’s 2018 fiscal year (FY), and federal contractors should take steps to obtain as much yearend money as possible. For those companies whose commercial sales may lag in the summer months, this can be the perfect time to focus on sales, especially through the GSA Schedule Program, as federal agencies strive to spend the rest . . . Read More
How to Walk in the Valley of the Shadow of Death: Strategies for Mid-Tier Federal Contractors
It is a well-known fear of many small business federal contractors that, if you are too successful, it may be the death knell for the business. Every small business set aside is restricted to only those companies whose revenues or employees fall below the applicable size standard, some of which are quite small (only a few million dollars a year in some cases). As a result, small businesses that continue to win work soon find themselves classified as a large . . . Read More
Current Trends in Federal Procurement
For government contractors, staying ahead of the curve is critical for success. Knowing about a new law, policy, or program can provide you with a competitive advantage. There are three current trends in federal procurement that are significantly affecting the means agencies use to purchase goods and services as well as the ways contractors compete for those opportunities: category management, the 809 Panel, and other transaction authority (“OTA”). Staying abreast of these trends and determining how you can effectively maneuver . . . Read More
The Weekly Update for August, 3, 2018
SMALL BUSINESS ADMINISTRATION Surety Bond Guarantee Program Fees This document announces a temporary decrease in the guarantee fees that the U.S. Small Business Administration (SBA) charges all Surety companies and Principals on each guaranteed bond (other than a bid bond) issued in SBA’s Surety Bond Guarantee Program. 83 Fed. Reg. 146, 36658 Contracting with Small Disadvantaged Businesses and Those Owned by Minorities and Women Has Increased in Recent Years According to an article on GAO.gov , the federal government is one of the country’s largest advertisers, . . . Read More
Legal Advisor Newsletter – Third Quarter 2018
In this issue: Current Trends in Federal Procurement How to Walk in the Valley of the Shadow of Death: Strategies for Mid-Tier Federal Contractors It’s Time to Tell Your Subcontract to Say “Aaah”: Before You Ink That Upcoming Subcontract, You Would Be Wise to Undergo a Check-up End of Fiscal Year Buying Season—Cash in with Your GSA Schedule
GAO Considers Impact of Department of Defense Enhanced Debriefing Rights on Protest Timeliness Requirements
In a recent GAO decision, State Women Corporation, B-416510 (July 12, 2018) , GAO denied a protest as untimely after considering the impact of the Department of Defense’s (“DoD”) new enhanced post-award debriefing procedures (“Enhanced Debriefing Rights”) on GAO’s protest timeliness requirements. As explained in a prior blog , since March 22, 2018, the DoD has required that, for post-award debriefings conducted in accordance with FAR 15.506(d), offerors be allowed to submit questions within two business days of receiving the debriefing. The debriefing is not considered to be . . . Read More
False Claims Act cases involving set-aside contracts held to more stringent requirements following Escobar
Acetris Health Case Demonstrates the Value of Strategy in Pre-Award Bid Protests
We recently wrote about the decision in Acetris Health, LLC v. United States, Case No. 18-433C (July 16, 2018), in which the U.S. Court of Federal Claims (“Court”) issued a decision about a challenge to the terms of a solicitation issued by the U.S. Department of Veterans Affairs (“VA”). Although that decision has interesting implications for procurements involving the Trade Agreements Act, the decision also illustrates how pre-award protests can be utilized to maximize the competitive process. Additionally, the decision also raises . . . Read More
Court of Federal Claims Issues Wide-Reaching Decision on Trade Agreements Act
On July 16, 2018, the U.S. Court of Federal Claims (“Court”) issued a decision in the bid protest of Acetris Health, LLC v. United States, Case No. 18-433C, that will likely have far-reaching implications on other procurements involving the Trade Agreements Act (“TAA”). In that case, Acetris Health, LLC (“Acetris”) challenged the terms of a solicitation issued by the U.S. Department of Veterans Affairs (“VA”) to purchase Entecavir Tablets, a medicine designed to treat hepatitis B. In the solicitation for . . . Read More
Jon Williams was quoted by Bloomberg Government Federal Contracts Report in their recent article “Acetris Wins Buy American Dispute With VA, but Not Drug Contract.”
Jon Williams was recently quoted by Bloomberg Government Federal Contracts Report in their article “Acetris Wins Buy American Dispute With VA, but Not Drug Contract.” When asked about the ruling which no longer allows the VA to rely on Customs and Border Protection determinations for deciding whether a contractor is offering a product manufactured in the U.S. or a foreign country, Jon told Bloomberg Government, “the court concluded that procuring agencies and officials must ‘independently ascertain’ whether an offered product . . . Read More