Researching Federal Contract law is not easy and is usually left to the professionals. Contract disputes are complicated as well because the law and the regulations that were in effect when the contract was created govern its applications. This means going through many books, current and superseded.
Contract auditors perform audits and issue reports, sometimes with recommendations or questioned costs, to the contracting officer. The contracting officer, in turn, resolves the audit findings with the contractor. Sometimes, the contracting officer does not agree with the audit findings; more so if the audit relates to pricing proposals than with historical costs. Why? When it comes to pricing proposals, everyone’s dealing with estimates of future costs and judgement becomes a big part of estimating. Incurred cost on the other hand deal with historical evidence supporting the incurrence of costs. Contractors either have support or they don’t. Judgement is not a major factor on the allowability of costs.
This week on Amtower Off Center, host Mark Amtower interviews Lou Anne Brossman of Government Marketing University and Rita Walston of the immixGroup on topics germane to GovCon marketing professionals, including two upcoming events.
Topics include:
- results from the recent Market Connections Government Contractor Study (thought leadership, content marketing, ABM and more)
- the upcoming GAIN Conference Nov 1
- the 5th annual Government IT Sales Summit Nov 15
Back in the olden days when Washington Technology was a print magazine published 24 times a year, our art department had an expression for the photos that accompanied our articles: MAWGs.
It was an acronym for “Middle Aged White Guys” because so many of the photos were of, well, middle-aged white men. We saw the same thing at our events – a sea of men wearing dark suits.
Source: How powerful is diversity in the government market? — Washington Technology
Only an “interested party” can bring a GAO bid protest. This generally means that a protester must be “an actual or prospective bidder or offeror” with a “direct economic interest” in the contract’s award.
Source: Get Your Novation Before Filing a Bid Protest with GAO – SmallGovCon
I’m sure you’re familiar with the adage, “If it sounds too good to be true, it probably is.”
For owners of HUBZone businesses—small businesses that operate and employ people in Historically Underutilized Business Zones (HUBZones)—it’s a motto to keep in mind as they travel to one of the largest HUBZone matchmaking events in the country this October, the National HUBZone Conference in Chantilly, Virginia.
Source: HUBzone’s beware the too good to be true offer — Washington Technology
As readers of this blog might know, the government contracts claims process is set by statute and includes a number of requirements, such as being certified if the dollar amount is over $100,000.
But a possibly lesser-known requirement is that, in order to be valid, a claim must request that the contracting officer issue a “final decision” on the claim. In a recent decision, the Armed Services Board of Contract Appeals opined on this requirement.
Source: ASBCA: Claim Must Include Request for “Final Decision” – SmallGovCon
John Shoraka, managing director GovContractPros and a former SBA executive, describes why recent procurement actions don’t bode well for small firms.
Source: Don’t undermine the goals of small business contracting
Here’s another bid protest decision involving a late proposal. As often noted in similar cases, it is the offeror’s responsibility to ensure that its proposal is submitted to the right person on the right date at the right time. Failing to do this, could result in the unnecessary risk that a proposal is eliminated from competition.
NOTE: This article first appeared on FCW.com.
The Air Force’s chief technology officer wants to make sure all of its tech deals mimic its agile software development model Kessel Run.
Source: Air Force may require agile for all acquisitions — Washington Technology