Federal government contractors must comply with new Privacy Act training procedures due to a final rule passed by the United States Department of Defense, General Service Administration, and National Aeronautics and Space Administration. Federal contractors are now required to meet training obligations to address the protection of privacy with the Privacy Act of 1974 and the handling and safeguarding of personally identifiable information. These new regulations became effective on January 19, 2017. To make sure that an individual is in full compliance with these rules, it is often a good idea to contact a knowledgeable government contracts attorneywho can help to make sure that you are in full compliance.
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.
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.
- 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.
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.
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.
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.