Skyway Wire
What Questions to Ask When You Have a Meeting with the Small Business Specialist
You’ve finally made contact with a Small Business representative who isn’t telling you “We don’t buy your product or service”. They are within commuting distance and you’ve made an appointment to...
Choose Your Networking Conferences Wisely
I’m often asked to take a look at an announcement for Small Business Conferences, Industry Days, Procurement Conferences, for businesses to come and market their products and services to a...
Why would the government re-compete a contract early?
One perceived benefit of landing a government service contract is the assurance that there will be steady work for the next five years. However, there is no guarantee that the contract will make it...
Thoughts on the concept of ‘3 Deciders’
The basic design of government acquisition is closely tied to the system of checks and balances found in the federal government and its three branches. I do not think this is accidental, but...
Why I love the J&A
I suspect all of you who read this blog will boo me worse than a closing pitcher who blows a save in the bottom of the ninth. Contractors always want to see everything competed by the USG. To be...
Questions – What, When and How to Ask
The opportunity to ask questions is one of the ways potential bidders can influence an acquisition. Normally bidders are invited to ask questions on both the Draft RFP and the Final RFP. The “when”...
GAO Explains “In Scope” vs. “Out of Scope” Modifications
Determining which contract modifications are in scope vs. those that are out of scope is as much as art as a science. There have never been any firm regulations or guidance that provide a CO any...
Can Contractors Get Paid if the Base Shuts Down?
Since I just got back home after evacuating due to Hurricane Irma, I thought this would be a good topic to cover right now. Government facilities close down for a variety of reasons including those...
US Court of Federal Claims Case – Contractor Won’t Get Paid for Work Done without Proper Authorization
It has always been an issue with the Federal Government of what a CO must do if a contractor performs work based on the direction of a government employee who does not have authorization to direct...
Protest Because Agency Evaluated Proposals Unequally
The GAO’s decision in SURVICE Engineering Company, LLC, B-414519 (July 5, 2o17) involved an Air Force solicitation for engineering, program management, and administrative services at Eglin Air Force...
U.S. Navy Admiral Sentenced to Prison for Lying to Federal Investigators
U.S. Navy Rear Admiral Robert Gilbeau was sentenced today to 18 months in prison for lying to investigators to conceal his illicit 20-year relationship with Leonard Glenn Francis, the owner of Glenn...
Does Kingdomware Affect SDVOSB Recertification Requirements?
In their recent decision in Redhorse Corporation, SBA No. VET-263 (2017), SBA’s Office of Hearings and Appeals (OHA) found that the Supreme Court’s Kingdomware decision does not affect the SBA’s...
US Court of Federal Claims calls an agency’s conduct an “Egregious Example of Intransigence and Deception”
Most GAO and US Court of Federal Claims protest decisions are pretty dry and not very interesting to read. But every once in a while, they get pretty colorful in their opinions. Starry Associates,...
August 2017 Federal Contracting Tidbits
Class Deviation 2017-O0006, Increased Micro-Purchased Threshold. DOD issued a memo implementing a class deviation that increases the micro-purchase threshold to $5,000 for DoD procurements and to...
What Constitutes a “Joint Employer”?
There have been a couple of recent cases in the U.S. Court of Appeals for the 4th Circuit (covers Maryland, Virginia, West Virginia, North Carolina and South Carolina) that provide the “test” (in...
Dem’s the Rules
Contracting with the federal government can be very complex and frustrating as many of you know. As a contracting officer for over 30 years, I have done tens of thousands of contract actions. ...