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Daniel McAuliffe

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CVE Rule Change Proposal to Affect Re-Verification Process

Posted by Daniel McAuliffe on Mar 14, 2017 11:24:21 AM

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Open for Comment

On February 21, 2017, the VA issued a CVE rule change proposing that Center for Veterans Enterprise (CVE) verified businesses be reverified for compliance every three-years instead of every two-years.

The VA’s proposal implements a section of the Veterans Benefits, HealthCare, and Information Technology Act of 2006, that requires the VA to verify ownership and control of veteran owned small businesses (VOSB), including service-disabled veteran owned small businesses (SDVOSB) so these firms can participate inVA acquisitions set-aside for SDVOSB/VOSBs.

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Topics: Government Procurement, Firm News, Government Compliance, government contracting, government contracts attorney

Cancelling Solicitation Can Be Abuse of Discretion

Posted by Daniel McAuliffe on Mar 14, 2017 10:41:34 AM

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Can an Agency Extend an Incumbent's Contract Without Justification?

The GAO has ruled that cancelling solicitations and extending contracts with an incumbent, requires a good reason. In the Matter of:  Walker Development & Trading Group, Inc., File:  B-413924, dated January 12, 2017, the GAO sustained the protest of a VA decision to extend the award of an $10 million indefinite‑delivery/ indefinite-quantity (IDIQ), fixed‑priced contract for laundry services.

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Topics: Bid Protests, Government Procurement, bid protest, bid protest attorneys, federal bid protest, government contracts attorney

Property Transfers to Family may be Considered Gifts

Posted by Daniel McAuliffe on Mar 13, 2017 10:06:12 PM

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Property Transfers to Family and Tax Consequences

Property transfers to family members can have tax consequences.  Business owners should have estate plans, but many owners are unaware of the tax implications associated with recapitalizing their business entities to help family members.  Business owners probably already know that sales of stock, for example, have tax consequences. Selling stock for an amount for more than was paid for it (“in excess of basis”), results in a taxable gain. However, they may not realize that there are other transfers of property that also result in taxable transactions.

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Topics: Government Procurement, succession planning, Estate Planning, government contracting, government contracts attorney

Maximum Competition in Government Contracting to the Extent Practicable

Posted by Daniel McAuliffe on Jan 18, 2017 5:18:26 PM

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Topics: Government Procurement, Bid Protest attorney, government contracting, government contracts attorney, Government Contracts Law Firm

New Rule Designed to Enforce Prime Contractor Payments Accountability

Posted by Daniel McAuliffe on Jan 17, 2017 2:51:27 PM

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Topics: Government Procurement, government contracting, government contracts attorney, Government Contracts Law Firm

The Government's EAR (Export Administration Regulations) Focused on Hacking

Posted by Daniel McAuliffe on Jan 17, 2017 2:31:51 PM

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Topics: International Business, Export controls, International business attorneys

Bid Protest Over Lack of SAM Registration Accuracy

Posted by Daniel McAuliffe on Dec 6, 2016 6:00:37 PM

Double Check Your SAM Registration Accuracy!

We urge all our clients to be thoughtful about not only their corporate documents (such as articles, operating agreements and bylaws), but to double check the accuracy of their DUNS and SAM registration accuracy. Government contracting officers rely on the information in these systems when making their decisions. The GAO has also upheld contracting related decisions by contracting officers that rely on this information – even if the information in the databases is out-of-date or inaccurate.

 In the Matter of: Nationwide Value Computer, Inc. (Nationwide) (GAO File: B-411190, dated June 11, 2015) the GAO denied and dismissed a protest against an agency decision to exclude a small business from an award because the small business failed to certify itself as a small business in SAM.

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Topics: Bid Protests, Government Procurement, Bid Protest attorney, bid protest lawyer, government contracts attorney, Government Contracts Law Firm

Multipl-Award Rule Making

Posted by Daniel McAuliffe on Dec 6, 2016 1:48:00 PM

DoD, GSA and NASA Propose Amending Multiple-Award Rules Applying to Small Businesses

The DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA). The proposed rule would set Government-wide policy for partial set-asides and reserves, and setting aside orders for small business under multiple-award contracts.

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Topics: Government Procurement, government contracts attorney, Government Contracts Law Firm

Disputes Clause in Your Subcontract

Posted by Daniel McAuliffe on Dec 6, 2016 1:29:36 PM

Don’t’ Become a Subcontractor with a “Garden Variety” Lawsuit 

Service Disabled Veteran Owned Small Businesses (SDVOSB), and other small businesses, want to become subcontractors to entities with prime government contracts. But, subcontractors beware – unless a prime contract contains mandatory “flow down” requirements, or the subcontract demonstrates an intent to create privity, a subcontractor has no privity of contract with the government. Thus, if a prime contractor defaults, a subcontractor has no recourse against the Government.

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Topics: Government Procurement, government contracts attorney, Government Contracts Law Firm

Price Realism Analysis Bid Protest Sustained

Posted by Daniel McAuliffe on Dec 6, 2016 12:02:36 PM

Matter of GiaCare and MedTrust JV

[button link="http://whitcomblawpc.com/?p=4053" style="download" bg_color="#2727d6"]Matter of GiaCare[/button]
Protesting an agency’s award of the contract based on a flawed price realism analysis is normally an uphill battle. However, in the matter of GiaCare and MedTrust JV, the importance lied in the solicitation itself. As the GAO recounted in sustaining GiaMed’s protest, “an agency may provide, in the solicitation, for the use of a price realism analysis for the limited purpose of measuring an offeror’s understanding of the requirements or to assess the risk inherent in an offeror’s proposal.” However, the legal factors to consider include:

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Topics: Bid Protests, Government Procurement, Bid Protest attorney, bid protest lawyer, government contracts attorney, Government Contracts Law Firm

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