Back in 2016, the National Institute of Health (NIH) issued a solicitation for “IT (Information Technology) Solutions and Services”. Bidders were advised that proposals would be evaluated in two phases. In Phase 1, the Government would evaluate the proposals based on four go/no-go requirements, one of which was a verification of an adequate accounting system. The solicitation advised that proposals found to be unacceptable in any of the four Phase I requirements would be ineligible for further consideration for award.
There’s a contract clause included in all firm-fixed price research and development contracts that allows the Government to reject non-conforming work and make an equitable price reduction if its not fixed. FAR 52.246-7, Inspection of Research and Development – Fixed Price requires, among other things, that contractors implement and maintain an inspection system acceptable to the Government and maintain complete records of such inspections and make those records available to the Government during contract performance and for as long afterwards as the contract requires. This clause also give the Government the right to perform its own inspections.
DoD issued a final rule amending its FAR Supplement (DFARS) that for Defense contractors with approved accounting system, contracting officers are not permitted to withhold “consent to subcontract” unless it has written approval from a program manager.
Did you notice that the number of definitions listed in the Defense FAR Supplement (DFARS) is now shorter? The Defense Department just eliminated the definition of “General public and non-Governmental entities”. The removed definition stated that “General public” and “non-governmental entities” as used in the definition of commercial item” at FAR 2.101, do not include the Federal Government or a State, local or foreign government.
Tishman Interiors was the prime contractor on a renovation project at the Federal Reserve Bank in New York. It subcontracted electrical and cable installation work to three different subcontractors. In came the auditors – auditors from the Labor Department’s Wage and Hour Division (WHD). You know this story isn’t going to go well for the contractor. We don’t know what instigated WHD’s investigation. It could have been random or it could have been based on a call to WHD’s hotline. WHD’s press release did not say.
A “claim” according to FAR (Federal Acquisition Regulation) 2.101 is a written demand or written assertion by one of the contracting parties (could be the contractor or the Government) seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. Further, a written demand or written assertion by the contractor seeking payment of money exceeding $100 thousand is not a claim unless certified.
Section 890 of the 2019 NDAA (National Defense Authorization Act) authorized the Defense Department to conduct a pilot program with contracts in excess of $50 million (excluding those that are part of a major defense acquisition program) by
The SBA (Small Business Administration) announced last week that it will launch a 16 city road tour connecting entrepreneurs working on advanced technology to the country’s largest source of early state funding – the SBIR (Small Business Innovation Research) and STTR (Small Business Technology Transfer) programs. These programs, also known as America’s “Seed Fund” is led by the SBA with eleven participating federal agencies.
The Justice Department just announced the indictment of a Michigan business owner for fraudulently obtaining nearly $12 million in Government construction contracts over an eight-year period by falsely claiming the company was owned and controlled by a service-disabled veteran.
To compete for a Government contract as an SDVO (service-disabled-veteran-owned) limited liability company (LLC), a service-disable veteran must own and control the company. SBA regulations define ownership and control for LLCs (see 13 CFR 125.12 and 13). To show ownership for an LLC, one or more service-disable veterans must “unconditionally and directly own at least 51 percent interest. Regarding control, an LLC demonstrates control by a service-disabled veteran by showing that the service-disabled veteran: