Skyway Wire
Post Award Debriefs – When Can You Get Them?
The topic of post-award debriefs is a common source of angst when trying to determine whether an offeror’s request for debriefing generates a required or optional response from the Contracting...
Negotiations: Sole Source Versus Competitive
Negotiations in federal contracting comes in two forms depending on the type of acquisition; sole source or competitive. Previously I touched on the competitive negotiation when I wrote about...
Competition in Contracting Act (CICA)
In the acquisition reform efforts of the 1980s and 1990s, the US government enacted some sweeping legislation that redefined government procurement, instilled a renewed discipline and...
When the Government Owes You Money
You have submitted an invoice for products or services provided under a prime contract and the government has not paid it. What can you do to get what is owed you? First check the payment terms of...
Price Fair and Reasonableness
Besides achieving a low price in your pricing strategy, you also want to ensure your price is fair and reasonable. If the price is too low, it may be considered unreasonable or unrealistic. If...
Data Rights
Data rights provide the legal framework between the Government and a Contractor on the usage of technical and software data, as well as Intellectual Property. There are several different types of...
The ‘-8 Clause’
FAR Clause 52.217-8 - Option to Extend Services, (a.k.a. the -8 Clause) has come in handy several times throughout my contracting career when an acquisition was behind schedule. The clause allows...
Why now is a good time to talk to your CO
Being a Contracting Officer can feel like being on a roller coaster…the workload ebbs and flows based on deadlines, opportunities, and the whims of Congress – among others. It felt like most times...
How Multiple-Award IDIQ Contracts are Evaluated and Managed
The Government in the past 15 years has been using multiple-award IDIQ contracts for many of the services it needs to acquire. There are many reasons why this type of contract was implemented, but...
Can the GAO Resolve SDVOSB Eligibility Protests?
In a recent bid protest decision, the GAO rejected the protester’s attempt to convince them to take jurisdiction. For non-VA acquisitions, the SBA has sole authority to determine whether an offeror...
Email Delivery Receipt Does Not Confirm Proposal Submission
In today’s world, everything is done electronically. As a result, many contractors send in proposals using the delivery receipt option to show proof of submission in a timely manner. In ManTech...
Out-of-Scope Task Orders
In Western Pilot Service, et al., B-415732 et al., Mar. 6, 2018, GAO sustained a pre-award protest brought by several offerors that arguing that the RFP for a task order sought services outside the...
Share the Knowledge
Here's a little secret that isn’t so secret to anyone who has ever done business with the government: across the Federal government, agencies have a difficult time communicating with each other and...
The Benefits and Risks of IDIQ Contracts – Part 2
Recently, I wrote about the risks and benefits of IDIQ contracts as it concerned requirements. This month I would like to comment on the risk and benefits of pricing IDIQ contracts. When I was a...
Wage Determinations
Service contracting with the federal government is FAR different than the commercial market due to what is commonly referred to as the Service Contract Act (SCA), renamed the Service Contract Labor...
GAO Sustains Protest Based on Unequal Discussions In $283 Million Census Task Order Award
In AT&T Corp., B-414886 (Oct. 5, 2017), AT&T protested the issuance of a fixed price task order to CDW Government LLC under an RFP for a mobile device solution to support the 2020 Census....