The Defense Information Systems Agency’s (DISA) senior executives combined priorities and contracting plans to help industry understand their needs for fiscal 2019.
It should be clear to everyone that given the divided control of Congress, there will not be much legislating during the 116th session. Perhaps that’s a good thing. However, that doesn’t mean things will be peaceful. With Democrats taking control of the committees, we could see a significant amount of activity in the committees tasked with Government oversight. In fact, certain individuals have already promised to shake things up a bit. While Government oversight doesn’t necessarily mean contractor oversight, contractor representatives are often drug into these matters – especially if it involves a scandal where some Government agency has dropped the ball in its own administration and oversight responsibilities.
Big changes could be coming to the HUBZone program. On October 31, the SBA published a proposed rule that, if adopted, would bring clarity to the HUBZone regulations. Yesterday, we posted about proposed changes to the HUBZone certification, compliance, and protest processes.
This week’s episode covers Mentor-Protégé Program, PCTTF, and corporate monitor news, and is hosted by partner David Robbins. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.
What is the “Christian Doctrine”? We discussed the basis of the Christian Doctrine back in 2010. You can find that post here.
Briefly stated, under the Christian doctrine, a court may insert a clause into a Government contract by operation of law if that clause is required under applicable federal administrative regulations. In “Christian”, the Court of Claims concluded that the standard termination clause required by ASPR (Armed Services Procurement Regulations, since replaced by FAR) must be read into the contract, even though the contract lacked a termination clause. For a court to incorporate a clause into a contract under the Christian doctrine, it generally must find (i) the clause is mandatory and (ii) that it expresses a significant or deeply ingrained strand of public procurement policy.
When GAO lacks jurisdiction to hear a protest over a task or delivery order, contractors have the right to complain to an ombudsman. Implementation of the ombudsman right, however, has been haphazard at best.
Last week, the DoD, GSA, and NASA–the entities comprising the FAR Council–proposed a rule to help alleviate this issue for IDIQ contracts.
An anonymous source tipped off the Mayor of Nashville Tennessee that one of its public works contractors was improperly entertaining city officials who were responsible for directing city business to that contractor. The Mayor immediately requested an audit. The now completed audit concluded that there was an “appearance of preferential treatment” to that firm who has more than tippled its average yearly revenue from the City. Since 2010, it has received nearly $50 million in contracts for street paving, sidewalks, and other work.
I always knew my legal career would some day overlap with my love of terrible movies, before-they-were-stars trivia, and naval warfare. Today is that day.
When I saw that GAO had dismissed a “killer tomato” protest, several things came to mind. First, I thought, wait, are they talking about “Attack of the Killer Tomatoes“? Then I though, wait, wasn’t George Clooney in that—and didn’t he have a terrible 80’s mullet? Naturally, my curiosity got the best of me. I clicked.
A more-nimble and recently expanded acquisition vehicle is in danger of becoming an overused “go-to” solution for agencies — and earning congressional scrutiny as a result — two leading acquisition officials said.
Source: OTAs could see more limits — FCW
The Department of Homeland Security remains committed to issuing the successor vehicle to its $22 billion IT services contract by the end of the calendar year.
Source: DHS EAGLE III moving ahead — FCW