Prison Time for Accepting Kickbacks from Subcontractor

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PNWC's Government Contracting Update

Have you ever discounted the importance of good, sound internal controls over your purchasing system? You shouldn’t and here’s why.

A former employee of a U.S. Government contractor in Afghanistan will spend the next 21 months in prison because he accepted more than $250,000 in kickbacks from one of the contractor’s Afghan subcontractors. These kickbacks were given in exchange for assistance in obtaining subcontracts.

SOURCE: Prison Time for Accepting Kickbacks from Subcontractor

5 Companies Protest Alliant 2 Contract—So Far

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More than 160 companies bid on the contract but 61 made the cut.

Source: 5 Companies Protest Alliant 2 Contract—So Far

Local Government Purchasing Trends for 2018: Interview with NIGP’s Brent Maas

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Don’t miss Onvia’s interview with Brent Mass of NIGP, examining trends in local government contracts and cooperative purchasing.

Source: Local Government Purchasing Trends for 2018: Interview with NIGP’s Brent Maas

Federal Fumbles – Vol. 3

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PNWC's Government Contracting Update

Oklahoma Senator James Lankford just released “Federal Fumbles Vol  3, One Hundred Ways the Government Dropped the Ball”. This represents his third annual edition of this football themed publication. You can read our coverage of Volumes 1 and 2 by clicking here for the 2015 version and here for the 2016 edition. To download all three editions, visit Senator Lankford’s dedicated webpage..

SOURCE: Federal Fumbles – Vol. 3

The SUPER Small Business Task Orders

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In FY18, 20 Super Small Business Tasks Orders (TOs) with combined ceiling values of more than $1.3 billion and spending to date of more than $1.2 billion will exceed their ultimate expiration date and become eligible for competition (see Exhibit 1). We define a Super Small Business TO as an individual TO awarded under the umbrella of an Indefinite Delivery/Indefinite Quantity (IDIQ) or Government-Wide Acquisition Contract (GWAC). We required that the IDIQ or GWAC contain a selected pool of contractors who compete on request for TO proposals. We ensured all TOs had a distinct primary contract vehicle number and TO contract number and that all TOs were set aside for small business.

SOURCE: The SUPER Small Business Task Orders

2018 NDAA – TINA Threshold to Increase to $2 Million

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PNWC's Government Contracting Update

The threshold for requiring certified cost or pricing data is currently set at $750,000. This applies to the award of negotiated contracts, subcontracts and modifications (see FAR 15.403-4). This threshold is set by statute, a couple of statutes actually. 10 USC 2306A – Cost or pricing data: truth in negotiations sets the threshold at $500,000 while 41 USC 3502 – Required cost or pricing data and certification allows for that threshold to be adjusted for inflation every five years. There have been a number of adjustments since the 1994 baseline to bring the original threshold up to the current $750,000.

SOURCE: 2018 NDAA – TINA Threshold to Increase to $2 Million

“Similarly Situated Entities” Exempt From Ostensible Subcontractor Affiliation, SBA OHA Confirms

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A “similarly situated entity” cannot be an ostensible subcontractor under the SBA’s affiliation rules.

In a recent size appeal decision, the SBA Office of Hearings and Appeals confirmed that changes made to the SBA’s size regulations in 2016 exempt similarly situated entities from ostensible subcontractor affiliation.

SOURCE: “Similarly Situated Entities” Exempt From Ostensible Subcontractor Affiliation, SBA OHA Confirms

5 marketing best practices to drive your brand to the future — Washington Technology

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Research shows that there are marketing best practices that can help separate your firm from competitors and help draw top talent. Marketing expert Elizabeth Harr shares her thoughts on research, strategy, branding and more.

Source: 5 marketing best practices to drive your brand to the future — Washington Technology

GAO: Agencies May Consider Outside Past Performance Information

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When an agency asks an offeror for past performance references, the agency ordinarily isn’t precluded from considering additional past performance information

SOURCE: GAO: Agencies May Consider Outside Past Performance Information

2018 NDAA – New DCAA Reporting Requirements

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PNWC's Government Contracting Update

Section 811 of the 2018 National Defense Authorization Act (NDAA) covers several topics. One concerns the increase in the dollar threshold for the submission of certified cost or pricing data which we will cover in more detail tomorrow. The other appears to be a slap on the wrist of DCAA (Defense Contract Audit Agency) for obfuscating some of their performance data.

SOURCE: 2018 NDAA – New DCAA Reporting Requirements

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