Is Your Contract Vulnerable to Termination for Convenience?

As 2018 gets underway, you may find that the current administration’s priorities spell out changes to your existing Government contracts. If the program under which you hold a contract doesn’t fit in with new management, your contract may be at risk for termination for convenience. Read on to find out when a contract you hold may be in danger, and what you can do to mitigate costs relating to a contract the Government terminates for convenience.

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What if There’s a Disagreement Within an Agency as to Who Should Win a Contract Award?

It’s not unusual to have disagreements within an agency as to who is the best offeror. Sometimes an agency’s Source Selection Evaluation Board (SSEB) is at odds with its Source Selection Authority (SSA). Although the SSA (who is often the Contracting Officer) ultimately decides who wins the contract, there are limits to SSA’s ability to reject an SSEB’s advice.

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When Offering a Low Cost Is Detrimental, and a Different Way to Show Technical Acceptability

It sounds simple. In Lowest Price Technically Acceptable (LPTA) procurements, the agency determines the best value proposal by identifying those that are technically acceptable and then selecting the one with the lowest price. But there’s a wrinkle when this technique is used for a cost-reimbursement contract. Smartronix’s recent protest at GAO illustrates that proposing the lowest cost doesn’t always win you the contract, even when you’re technically acceptable. Specifically, contractors if the proposed cost is too low, the Government can adjust it upwards. Read on to learn more about this problem and how to avoid it.

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Contracting Officers: Here’s How to Evaluate Past Performance When It’s the Critical Factor

In a best value procurement, being roughly as good as the competition and offering a slightly lower price doesn’t necessarily mean you’ll win the contract. Such was the case for DynCorp, which offered a lower price and a comparable CPARS score to the incumbent, L-3 Communications. When DynCorp lost the re-competition for Air Force logistics support, they protested at GAO. But savviness on the part of the agency saved the award.  Continue reading “Contracting Officers: Here’s How to Evaluate Past Performance When It’s the Critical Factor”

Concerned About a Perceived Conflict of Interest? Know This Before You Protest.

Federal contractors often hire former agency employees. But rules exist that can place limitations on the business activities of past officials who seek to work with the agency by which they were previously employed. So what happens when a bidder thinks that a competitor has an unfair advantage because it has hired such a former official? A recent protest decision sheds some light on how agencies and GAO proceed when facing such a perceived conflict of interest.  Continue reading “Concerned About a Perceived Conflict of Interest? Know This Before You Protest.”

A Refresher on the Major DoD Counterfeit Parts Clauses

For the last several years, the DoD has bulked up regulations aimed at detecting and preventing electronic counterfeit parts within Government contracts. Two major clauses apply these regulations to defense contractors: “Contractor Counterfeit Electronic Part Detection and Avoidance System,” and “Sources of Electronic Parts.” Here’s a summary of the main points of each clause. Continue reading “A Refresher on the Major DoD Counterfeit Parts Clauses”

When Poor Performance Reviews Become a Matter of Public Record: What Contractors Need to Know

Statute and regulation prevent public access to contractor past performance information. That said, contractors who contest poor performance reviews in Court or at a board may unintentionally put themselves at risk to have the details of the matter released in a public decision. Such was the case for Torres Advanced Enterprise Solutions, whose recent protest at the COFC inadvertently lead to their performance issues becoming a matter of public record. The case serves as a cautionary tale for other contractors considering whether to contest a poor performance review.  Continue reading “When Poor Performance Reviews Become a Matter of Public Record: What Contractors Need to Know”

Don’t Approve of Your Competitors in a Multiple Award IDIQ Contract? Know This Before You Protest.

Sometimes multiple contractors earn spots on Indefinite Delivery, Indefinite Quantity (IDIQ) contracts, which allow for an undetermined quantity of supplies or services during a fixed period of time, as outlined in FAR. But what happens when winning contractors have reservations about the competitors who earn contracts alongside them? DaeKee Global Co. found itself in such a situation, and reacted by protesting the terms of the solicitation. Read on to learn how GAO and the COFC responded to such protests, and what this means for contractors concerned about their bedfellows in IDIQ contracts.   Continue reading “Don’t Approve of Your Competitors in a Multiple Award IDIQ Contract? Know This Before You Protest.”

3 Things You Need to Know When Trying to Correct a Poor CPARS Rating

The Contractor Performance Assessment Reports System (CPARS) allows agencies to rate the contractors with which they do business. A poor CPARS rating is a fairly serious matter for contractors, and can impair them from getting future contracts. Fortunately, contractors who feel they’ve unfairly received a negative review can file a claim under the Contract Disputes Act. But the process for attempting to correct a negative rating can be arduous, and relief is limited. The case of Vanquish Worldwide, LLC v. United States of America provides a solid template of what to do – and what not to do – for contractors who find themselves in a similar situation.

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What Offerors Need to Know About VATEP Procurements

VATEP is a new method of acquisition that the DoD announced in April 2016. VATEP, which stands for Value Adjusted Total Evaluated Price, is a variant on best value procurements, and seeks to quantify technical superiority in dollar terms when there is a cost/technical tradeoff. It should, in theory, make it easier for the contractor to understand how much it will be rewarded for offering a technically superior proposal. It should also make it easier for the Government to evaluate such proposals. Read on to learn more about the advantages and disadvantages of competing for VATEP procurements.  Continue reading “What Offerors Need to Know About VATEP Procurements”