Skyway Wire
Speaking the Language of Government Contracts
Do you know the difference between “Contract Value”, “Authorized Value”, and “Funded Value”? It can mean different things to different people depending on their function. Program Managers for...
Who has negotiating power after contract award?
During the sales process, the buyer usually has the most negotiating power because they hold two of the critical keys to a deal: the actual need (which they can choose not to fulfill) and the money...
Does your customer know good work from bad?
What if you’re perceived as average even when you’re not? What if your prospective customer does not see what makes you different? What if you look like everyone else? In a competitive market like...
USCFC Determines Amending Solicitation as a Corrective Action was Unreasonable
A recent US Court of Federal Claims (UCFC) decision may encourage other offerors a way to challenge an agency’s corrective actions if they benefit the original contract awardee. In this decision,...
GSA Launches Cloud-Based Contract Writing System
A new cloud-based, shared-service contract writing and administration system is being launched by the General Services Administration’s Common Acquisition Platform (CAP) program to offer a turnkey,...
Clarification of Requirement for Justifications for 8(a) Sole Source Contracts
On November 15, 2016, DOD, GSA, and NASA issued a proposed rule to amend the Federal Acquisition Regulation (FAR) to clarify the guidance for sole-source 8(a) contract awards exceeding $22 million....
What is the difference between the Berry Amendment, the Buy American Act, and the Trade Agreement Act?
Berry Amendment: The Berry Amendment is implemented in DFARS 225.7002. The contract clauses that apply DFARS 252.225-7012 and DFARS 252.225-7015. There is additional guidance in the DFARS PGI...
Set-Asides under Multiple-Award Contracts
On December 6, 2016, DoD, GSA, and NASA issued a proposed rule to revise the FAR to implement regulatory changes made by the Small Business Jobs Act (Jobs Act) on the use of small business partial...
GSA’s Making It Easier Initiative
On April 6, 2016, GSA launched a series of new programs collectively called the “Making It Easier (MIE)” initiative. According to GSA, MIE is intended to make it easier for new companies to do...
GAO’s Jurisdiction of Civilian Agency Task Order Protests has Expired
On October 1, 2016, the Government Accountability Office’s (“GAO”) jurisdiction over protests on civilian agency task orders valued at more than $10 million expired. This leaves government...
Consolidation and Bundling
Effective October 21, 2016, DoD, GSA, and NASA issued a final rule to amend the Federal Acquisition Regulation (FAR) and implement sections of the Small Business Jobs Act of 2010 and regulatory...
Solicitation Amendments – Why? When? How?
You might think that a good solicitation should never require any changes or amendments at all. While this seems like it is true it is rare for a solicitation package to be issued by the Government...
Using Government Property
The use of Government Furnished Property (GFP) can have its benefits, but the clause “52.245-1 Government Property” is a long and complex read. The decision to use government property usually is...
Proposal Tag-Ups
Managing the proposal process when there are multiple teammates and writers, not necessarily co-located, is a challenge for a company of any size. Proposal “tag-ups” are an effective tool for...
SBA Final Rule Amends HUBZone Program Regulations
The SBA has issued a direct final rule, which was effective October 3, 2016, to amend the HUBZone Program. The changes include (1) authorizing Native Hawaiian Organizations (“NHO”) to own HUBZone...
Past Performance
I have always regarded Past Performance rather skeptically, not because it is a bad idea, but because it is difficult to properly capture and present as part of a proposal, and nearly as difficult...