Legal Blog

Contractor Fails to Meet Unsolicited Proposals Requirements

Posted by Joseph Whitcomb on May 7, 2017 5:21:32 PM

A federal circuit court recently rejected a contractor’s appeal of a failed bid protest against the Navy because the court concluded that the individual had a lack of standing because his unsolicited proposal did not satisfy Federal Acquisition Regulation standards. The particular element of Federal Acquisition that the contractor failed to meet is that unsolicited proposals must be “innovative and unique” as well as contain sufficient detail for the government to determine whether the plan would be worth pursuing.

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Topics: government contracts attorney, Government Contracts Law Firm

Recovering from the Government for Negligent Estimates

Posted by Joseph Whitcomb on Mar 14, 2017 2:49:13 PM

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Are Agencies Responsible for Their Negligent Estimates?

Recently, the U.S. Court of Appeals ruled in favor of Agility Defense and Government Services, Inc.'s claim under the Negligent Estimates Theory in government contracting.  In Agility Defense & Government Services, Inc v. U.S., a contractor, Agility Defense, bid on and won a contract to dispose of surplus military property for the Defense Reutilization and Marketing Service (DRMS), a department within DLA (Defense Logistics Agency).  Historically, the DRMS had run their own reutilization, demilitarization, and reduction to scrap process, but began contracting the process in 2007.  Agility and two other contractors were awarded contracts of which Agility was awarded a contract to operate six facilities.  As part of the contract, awardees could sell any scrap they salvaged, without reservation, to offset costs.  As part of the solicitation and in response to requests for workload history and projections, DRMS provided a website link to historical data.

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

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

When Is A Defective SolicitationProtest Too Late?

Posted by Joseph Whitcomb on Jan 17, 2017 2:06:18 PM
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Topics: Government Procurement, Bid Protest attorney, government contracting, government contracts attorney, Government Contracts Law Firm

Change from Within the VA on Procurement Policy

Posted by Joseph Whitcomb on Jan 16, 2017 8:25:13 PM

VA PROCUREMENT POLICY MEMORANDUM (2016-05)
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- Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision

As you may recall, we sent out a newsletter a couple of months ago detailing some of the implications of the Supreme Court's decision in Kingdomware Technologies v. U.S. On July 25, 2016, the VA issued a new procurement policy memorandum titled "Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision." This newly minted policy has far reaching implications.

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

Business Management Books That Have Shaped My Business

Posted by Joseph Whitcomb on Jan 15, 2017 12:25:35 PM

Reading Business Management Books on My Commute

Like many of you, my ride to work in the morning is long and can feel like a giant waste of time.  I have tried many diversions and distractions like riding my bicycle the 18 miles to work or taking the local RTD (Denver's transit system) and both of those tools have been useful.  However, starting in March 2015, I discovered a way to make the commute, however I was making it, more enjoyable and useful; reading business management books on my commute.  I downloaded Audible and Overdrive to my smartphone and began listening to books on my way into work.  Before anyone yells at me, I know I am likely late to the party on this idea.  However, for me, this was an absolute game changer.  The nuggets I found in the list of books below, felt too good to keep to my self.  They have helped forge a new perspective on business and leadership.  Some of the material has proven affirming (I felt like I was doing the right thing, even if I didn't know why) and some of it turned what I believed on its head.  Each picture below is a link to the Audible® book that I downloaded.  For those who are wondering, "yes," this is a full-throated endorsement of these books and a small, but meaningful insight into the type of culture I am very interested in instilling in my organization.

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

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