The WIFCON Blog
The original WIFCON editorial blog.
The House and Senate Committees on Contracting and Assistance
I had planned to write a detailed article about my plan for the above committees. However, I'm never going to get to it. So, I'm going to try a series of quick posts to get my thoughts published. Don't tell me that these committees will never be formed. I know they won't. Committ
Moderator · Aug 8, 2013
"A Propinquent Level Of Bureaucratic Service And Consideration"
Propinquent. The word you've entered isn't in the dictionary. (Source: merriam-webster.com) Imagine quoting on a procurement in which you submitted the lowest-priced, technically acceptable quote. Instead of winning the award, you were told that your quote was unacceptable and in
Moderator · Jul 4, 2013
American Apparel Left Me Wondering
GAO supplies us with its contracting rules in bid protest decisions. These rules are repeated and this is one of the reasons I provide key excerpts from bid protest decisions on Wifcon.com's Bid Protest pages. If you read these rules repeatedly, you will remember them. For exampl
Moderator · Jul 1, 2013
Protester Wins Substance Of Protest; Still Loses
In Lockheed Propulsion Company; Thiokol Corporation, B-173677, June 24, 1974, GAO issued its bid protest decision on the Solid Rocket Motor (SRM) Project for the Space Shuttle Program. This decision was issued before the National Aeronautics and Space Administration (NASA) had it
Moderator · May 26, 2013
Look What GSA Forgot
The General Services Administration (GSA) has about 19,000 Multiple Award Schedule (MAS) contracts. About 80 percent are contracts with small businesses. Last year, GSA proposed terminating thousands of small business contracts for not meeting the $25,000 annual sales threshold.
Moderator · May 17, 2013
Some Thoughts On "FPIF Math"
As we all know, federal agency budgets are being cut. Those cuts will work their way into contracting programs. Of course, that made me think about the abuse of the fixed-price incentive firm target (FPIF) contract. Almost a decade ago, I posted an article I titled The Fixed-Pric
robert_antonio · May 15, 2013
Is FAR 8.406-6 As Easy As "May" and "Shall"?
I was reading a decision of the Armed Services Board of Contract Appeals (ASBCA) about a week ago and I found the following. Sharp Electronics Corp. v. McHugh, 707 F.3d 1367 (Fed. Cir. 2013) is the first Federal Circuit interpretation of FAR 8.406-6 regarding the respective autho
Moderator · May 8, 2013
Unilateral Or Bilateral, That Is The Answer
We've all seen this before. The government and contractor sign a contract with a base period and several 1-year options. Sometimes, the 1-year option periods even mirror the government's fiscal year. A nice little puppy. Then, the harsh realities of government take over and our l
Moderator · Apr 26, 2013
Offerors Need To Understand The Pricing Scheme And Any Caveats
On April 26, 2007, the Army awarded an indefinite delivery, indefinite quantity, fixed price, job-order contract to Lakeshore Engineering Services, Inc., for repair, maintenance, and construction services at Fort Rucker, Alabama. Lakeshore performed 79 construction delivery order
Moderator · Apr 21, 2013
The Case Of The Reluctant Subcontractors
In the U. S. District Court for the District of Columbia, a recent opinion was issued in which 3 hospitals wanted to avoid being labled as government subcontractors to avoid the Department of Labor's rules covering subcontractors. The hospitals had contracts with UPMC Health Plan
Moderator · Apr 18, 2013
Justice From The Tenth Circuit
" . . . was on the take. At the New Mexico Department of Corrections she was responsible for selecting the best contractors to perform maintenance work for the State. Instead and bypassing any public bidding process, she awarded about $4 million in contracts to . . . over the cou
Moderator · Apr 17, 2013
If You Want A Contract, Don't Have A "Seriously Delinquent Tax Debt"
H. R. 882, the Contracting and Tax Accountability Act of 2013 passed the House of Representatives on April 15, 2013. The bill would lead to a nice amount of paperwork, new criteria for determining contractor responsibility, and opportunity for debarment. A copy of the bill, as re
Moderator · Apr 16, 2013
Termination For Convenienience: Not As Convenent As One Might Think
In 2010, the U.S. Central Command's Task Force for Business and Stability Operations, had a requirement for security services to facilitate investment and commerce in Iraq. This blog entry deals with the 2 competitive solicitations and contracts that led to a case before the Cour
Moderator · Apr 15, 2013
Two Days To Remember
The government has plenty of rules involving time. In certain circumstances, an offeror has 10 days to submit a protest. On the other end of the process, contractors have so much time to submit a claim or to respond to a contracting officer's final decision. Here is one case invo
Moderator · Apr 5, 2013
The Congressional Budget Office Compares Apples And Oranges
The Army plans to develop and procure a new Ground Combat Vehicle (GCV) that will do two things: 1) operate as a combat vehicle and 2) transport soldiers onto the battlefield. The GCV would replace the current Bradley Infantry Fighting Vehicles. The Congressional Budget Office (C
Moderator · Apr 4, 2013
Camp Pendleton Contracting Official Arrested On Bribery Charges
"According to the complaint, filed in this matter with the United States District Court, Southern District of California, case number 13MJ1269, Cervantes is charged specifically with violating Title 18, United States Code (U.S.C.) Section 201 ( B )(2), bribery. Cervantes allegedl
Moderator · Apr 3, 2013
Contractors Up For Suspension
"A bipartisan group of senators led by U.S. Senator Jeanne Shaheen (D-NH) are expressing continued concern and frustration over the Army's use of contractors that have potential ties to terrorist groups. The senators specifically referred to a longstanding backlog of 43 referrals
Moderator · Apr 1, 2013
Is That The Milky Way Galaxy?
"What you’re looking at is a cell in the midst of dividing into two identical copies—a process called mitosis. Here, the chromosomes (in blue) are aligned at the cell’s equator. Microtubules (red) from opposite poles of the cell attach to the chromosomes using the kinetochores (g
Moderator · Mar 22, 2013
Frankenstein's Monster
You are a program officer with big "wants" but with little federal money. Your contracting officer is not familiar with hiding overruns in an FPI(F) contract--yet. Besides, you have never heard of it--yet. What to do? Well, this politician knows best. With a little luck and plent
Moderator · Mar 18, 2013
Another One Bites The Dust
". . . in the current fiscal climate, agencies and businesses alike have been forced to make tough spending cuts. After carefully reviewing the projected spending and attendance for this year’s conference, GSA is suspending Expo for 2013 in an effort to use our resources responsi
Moderator · Feb 26, 2013
When The Rule Is Mandatory, It Means Mandatory!
You're travelling on your own for the government and you found a way to save money but you're subject to the Joint Travel Regulations as well as the Federal Travel Regulation. What do you do? You went ahead and saved the government money and were proud of yourself. Unfortunately,
Moderator · Feb 8, 2013
GSA Schedule Contractors: CTA or Prime/Subcontractor Relationship?
"Under a Contractor Team Arrangement (CTA), two or more GSA Schedule contractors work together to meet ordering activity needs. By complementing each other's capabilities, the team offers a total solution to the ordering activity's requirement, providing a "win-win" situation for
Moderator · Feb 2, 2013
The Hobbit: An Unexpected Contract Analysis
One of our colleagues sent this to me and I am posting it for you. Even Bilbo Baggins has a contract attorney to watch over him. "I, the undersigned, \[referred to hereinafter as Burglar,\] agree to travel to the Lonely Mountain, path to be determined by Thorin Oakenshield, who h
Moderator · Jan 25, 2013
Design Defects & Differing Site Conditions
Searching for an item to post is time-consuming and frustrating. However, some times an item pops up from an unexpected place. In this case, it was the U. S. Civilian Board of Contract Appeals. The case is straightforward and easy to read and contains some excerpts that are notew
Moderator · Jan 19, 2013
The Sovereign Has Not Consented To Be Sued
In Estes Express Lines, Inc. v. U. S., No. 11-597C, January 15, 2013, the Court of Federal Claims said: "For the government to be sued on a contract pursuant to the Tucker Act, there must be privity of contract between the plaintiff and the United States." "This is so because the
Moderator · Jan 16, 2013