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PNWC’s Government Contracting Update - page 37

Contractor Can’t Prove the Government Received its Bid – Loses Bid Protest | PNWC’s Government Contracting Update

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PNWC's Government Contracting Update

DLA (Defense Logistics Agency) issued a solicitation to purchase diesel and aviation fuel. It received 31 proposals by the April 3, 2017 cutoff date. On April 8th, a company named Ghazanfar emailed DLA saying that it had submitted a proposal on March 13th but hand not received any reply or feedback about the process or progress on the proposal.

Source: PNWC’s Government Contracting Update: Contractor Can’t Prove the Government Received its Bid – Loses Bid Protest

 Government To Tighten Up Controls over Purchase and Travel Card Use and Abuse | PNWC’s Government Contracting Update

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The term “data analytics” refers to qualitative and quantitative techniques and processes used to enhance productivity, business gain, and very importantly, to detect and prevent fraudulent activity. Perhaps you’ve received calls from your credit card company asking you to confirm certain recent charges to your card. How did thy pick you? How did they pick particular charges? Well, somehow, those charges were outside the norm for you. How do they know that? Through the use of “data analytics”. Or, you might have noticed that when accessing a website, you see advertising for an item that you just read up on. You might have been reading about all the wonderful features of the latest Ford or GM model then you browse headlines on CNN and find advertising for Ford or GM. How do they do that? Through the use of “data analytics”.

Source: PNWC’s Government Contracting Update: Government To Tighten Up Controls over Purchase and Travel Card Use and Abuse

No More Government Contracts for Company Found Guilty of Product Substitution | PNWC’s Government Contracting Update

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The Justice Department announced yesterday that a defense contractor pleaded guilty to repairing, rather than replacing, parts used on Apache helicopters.

Source: PNWC’s Government Contracting Update: No More Government Contracts for Company Found Guilty of Product Substitution

Attaching the Wrong Document Leads to Missed Opportunity | PNWC’s Government Contracting Update

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PNWC's Government Contracting Update

FAR 15.306 describes a spectrum of exchanges that may take place between a contracting agency and an offeror during negotiated procurements. “Clarifications” is one end of the spectrum. Clarifications are limited exchanges, between the government and offerors, that may occur when award without discussion is contemplated. An agency may, but is not required to, engage in clarifications that give offerors an opportunity to clarify certain aspects of proposals or to resolve minor or clerical errors. Agencies have broad discretion as to whether to seek clarifications from offerors, offerors have no automatic right to clarifications regarding proposals, and such communications cannot be used to cure proposal deficiencies or material omissions, materially alter the technical or cost elements of the proposal, and/or otherwise revise the proposal.

Source: PNWC’s Government Contracting Update: Attaching the Wrong Document Leads to Missed Opportunity

Would Anyone Question Pink Uniforms for the Afghan Military? | PNWC’s Government Contracting Update

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PNWC's Government Contracting Update

You have probably heard the news that broke last week concerning the Pentagon’s waste of $28 million buying uniforms for the Afghan National Army with a woodland camouflage pattern appropriate for two percent of the country.

Source: PNWC’s Government Contracting Update: Would Anyone Question Pink Uniforms for the Afghan Military?

 Contracting Officer Sentenced to Prison for Inducing Contractor to Hire Husband | PNWC’s Government Contracting Update

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Last March, we reported on a case where a former contracting official and her husband pleaded guilty to engaging in a nepotism scheme in which they conspired to fraudulently obtain employment from U.S. Government and private federal contractors with which the (former) GSA official had some form of official oversight (see Guy Just Can’t Get a Decent Job – Even With Wife’s Assistance).

Source: PNWC’s Government Contracting Update: Contracting Officer Sentenced to Prison for Inducing Contractor to Hire Husband

Failure to Obtain Consent to Subcontract – All Subcontract Costs Disallowed | PNWC’s Government Contracting Update

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We are in the process of bringing you synopses of a recent ASBCA decision that decided a number of issues related to DCAA’s (Defense Contract Audit Agency) audit of Technology Systems, Inc (TSI) fiscal year 2007 incurred costs, the ACO’s subsequent sustention of the DCAA findings and recommendations, and TCI’s appeal of the ACO’s decision before the ASBCA. Wednesday we discussed the issue of capitalization versus expensing costs. Bottom line on that one is you can’t use IRS regulations to justify your capitalization and depreciation practices. Yesterday we discussed TCI’s claim for travel expenses that exceeded the JTR (Joint Travel Regulations) maximums for lodging and per diem. In that one, TCI’s arguments were unpersuasive. Today we look at TCI’s failure to obtain “consents to subcontract” prior to awarding subcontracts.

Source: PNWC’s Government Contracting Update: Failure to Obtain Consent to Subcontract – All Subcontract Costs Disallowed

Travel Costs in Excess of Federal Travel Regulation Maximums | PNWC’s Government Contracting Update

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PNWC's Government Contracting Update

We are in the process of bringing you synopses of a recent ASBCA decision that decided a number of issues related to DCAA’s (Defense Contract Audit Agency) audit of Technology Systems, Inc (TSI) fiscal year 2007 incurred costs, the ACO’s subsequent sustention of the DCAA findings and recommendations, and TCI’s appeal of the ACO’s decision before the ASBCA. Yesterday we discussed the issue of capitalization versus expensing costs. Bottom line on that one is you can’t use IRS regulations to justify your capitalization and depreciation practices. Today we will look at TCI’s claim for travel expenses that exceeded the JTR (Joint Travel Regulations) maximums for lodging and per diem.

Source: PNWC’s Government Contracting Update: Travel Costs in Excess of Federal Travel Regulation Maximums

Computer Equipment – Capitalization versus Expensing | PNWC’s Government Contracting Update

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PNWC's Government Contracting Update

We will be spending the next few days discussing an ASBCA decision involving incurred costs at Technology Systems, Inc. (TSI). DCAA issued a report on incurred cost for fiscal year 2007 noting a number of unallowable costs. The ACO (Administrative Contracting Officer) sustained many of the DCAA findings, issued a final decision, whereupon TCI appealed to the ASBCA.

Source: PNWC’s Government Contracting Update: Computer Equipment – Capitalization versus Expensing

Inadequate Sole-Source Justifications | PNWC’s Government Contracting Update

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A former employee of a U.S. Government contractor in Afghanistan pleaded guilty earlier this month to accepting over $250 thousand in kickbacks from an Afghan subcontract. What did this Government contractor employee have to do to get his $250 thousand kickback? He assisted the subcontractor in obtaining subcontracts – the classic kickback scheme.

Source: PNWC’s Government Contracting Update: Inadequate Sole-Source Justifications

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