Federal Construction Contracting Blog

Federal Construction Contracting Blog

Legal Information and Resources for Federal Construction Contractors

Category Archives: Federal Procurement Policy

Subscribe to Federal Procurement Policy RSS Feed

Jennifer M. Horn and Maria L. Panichelli To Begin Core Construction Curriculum Series for WIPP and Give Me 5%

Posted in Contractor Information Sources, Federal Procurement Policy, Small Business Contracting
Please join Jennifer M. Horn and Maria L. Panichelli as they begin their “Core Construction Curriculum” series for Women Impacting Public Policy’s Give Me 5% program. WIPP is a national nonpartisan public policy organization advocating on behalf of its coalition of 4.7 million businesswomen including 75 business organizations. WIPP identifies important trends and opportunities and provides a collaborative model for the public … Continue Reading

Amended Version of the SUSPEND Act Clears House Oversight Committee and Aims to Change Suspension and Debarment Procedures for Federal Contractors

Posted in Federal Procurement Policy
This past July, we told you about an important bill known as the Stop Unworthy Spending Act (“SUSPEND Act”). That bill, which was introduced by House of Representatives oversight committee chairman Darrell Issa, aimed to dramatically overhaul the suspension and debarment (“S&D”) procedures applicable to federal contractors. Currently, the suspension and debarment of contractors is … Continue Reading

Final Rule Imposes New Small Business Subcontracting Obligations on Large Business Prime Contractors

Posted in Federal Procurement Policy
On August 15, 2013, the SBA put into effect a long-awaited Final Rule (Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)) designed to help small business subcontractors. The Final Rule, which implements policies set forth in the Small Business Jobs Act of 2010, provides for several very important changes to small business contracting. … Continue Reading

Continuing Government Focus on Fraud Might Lead to Significant Changes in Suspension and Debarment Procedures

Posted in Federal Procurement Policy
Suspension and debarment procedures have been a hot topic in recent years, and it appears that the issue will remain a focus of congressional debate for the rest of this year as well. On June 12, 2013, Congress heard testimony on the state of the federal government’s suspension and debarment (S&D) system. The testimony was … Continue Reading

Ties that Bind: Be Careful the Person Directing Your Work Has Authority to Bind the Government

Posted in Federal Procurement Policy
We’ve warned you before against relying on informal, or oral, directives from a Contracting Officer; get it in writing!   A recent case before the Armed Services Board of Contract Appeals reminds us that contractors also need to be wary about who from the government is giving those directives. In EEC International, ASBCA No. 55781 (Dec. 28, … Continue Reading

Can a Contractor ever ask the Government for Attorney's Fees?

Posted in Federal Procurement Policy, Protection of Contractor Rights
By: Edward T. DeLisle We are frequently asked whether attorneys fees are recoverable as part of the federal claims procedure. The answer is sometimes. A case just decided by the Court of Appeals for the Federal Circuit assists in explaining when such a recovery is possible. In Tip Top Construction v. Donahue, the United States … Continue Reading

Comment Period on Revised Small Business Size Standard for Dredging Ends Monday, September 17, 2012

Posted in Dredging, Federal Procurement Policy
By: Joseph A. Hackenbracht  On July 18, 2012, the Small Business Administration published a proposed increase in the small business size standard for “Dredging and Surface Cleanup Activities” from $20 million to $30 million in average annual receipts. 77 FR 42197. The average annual receipts are calculated by averaging a concern’s receipts for the last … Continue Reading

FAR Council Implements Final Rule; Contractors Now Required to Report Subcontractor Awards and Executive Compensation

Posted in Federal Procurement Policy, Procurement Information
By: Edward T. DeLisle & Maria L. Panichelli On August 27, 2012, FAR council issued a final rule entitled Reporting Executive Compensation and First-Tier Subcontract Awards (“the Rule”). Although this Final Rule was implemented just last month, it has been a topic of discussion on Capitol Hill for over six years. In 2006, the Federal … Continue Reading

BEWARE OF UNDERBIDDING - FALSE CLAIMS ACT APPLIES TO 'BUYING IN'

Posted in Federal Procurement Policy, Procurement Information
By: Edward T. DeLisle & Maria L. Panichelli We’ve warned you before: the False Claims Act should be taken seriously. In recent years, the government has been increasingly willing to wield the provisions of the FCA as weapons, zealously punishing offending federal contractors. A recent opinion United States ex rel. Hooper v. Lockheed Martin Corp., … Continue Reading

Subcontractors in Afghanistan Frequently Suffer Without the Protection of a Payment Bond

Posted in Federal Procurement Policy
By: Michael H. Payne Subcontractors who are performing work on Corps of Engineers construction projects in Afghanistan frequently experience financial difficulties because they are not paid promptly and, in some cases, they are not paid at all. Unlike construction projects performed in the United States, payment bonds have frequently not been required by the Corps … Continue Reading

Has the Corps of Engineers Gone MATOC Crazy?

Posted in Federal Procurement Policy
By: Michael H. Payne The recent increase in the use of Indefinite Delivery/Indefinite Quantity (“IDIQ”) contracting for construction has become even more evident by looking at the “FY 2011 – Forecasted Acquisition Strategy” issued by the Jacksonville District of the Corps of Engineers. A review of the list reveals that the majority of the construction … Continue Reading

Veterans Win Significant Procurement Battle

Posted in Federal Procurement Policy, Small Business Contracting
By: Edward T. DeLisle & Craig Schroeder Last year, the United States Association of Veterans in Business ("USAVETBIZ") urged Congress for a government-wide preference in contracting and set-aside programs that extended the existing preference for service-disabled veteran owned small businesses ("SDVOSB") to all veteran-owned small businesses.  While that has not happened yet, the set aside program … Continue Reading

Government Agencies Defy GAO, Court Positions on HUBZone Priority

Posted in Bid Protests, Federal Procurement Policy, Small Business Contracting
By: Edward T. DeLisle On August 27th, we posted an article regarding the recent Court of Federal Claims case, DGR Associates, Inc. v. United States. In that case, the protesting contractor took the position that the government agency, the Air Force, failed to follow the direction of Congress in determining how to set aside contracts … Continue Reading

HUBZone Priority Upheld by the Courts

Posted in Bid Protests, Federal Procurement Policy, Small Business Contracting
By: Edward T. DeLisle On August 13th, the Court of Federal Claims temporarily ended a controversy regarding how agencies go about setting aside contracts for certain qualified small businesses. DGR Associates, Inc. v. United States involved a decision by the Air Force to issue a set aside contract for qualified 8(a) companies. The project involved housing maintenance, … Continue Reading

GAO Issues Report on President's 2011 Budget Proposal for Corps of Engineers Civil Works Program and Recommends Transparency of Presentation be Improved

Posted in Federal Procurement Policy
By: Joseph A. Hackenbracht On April 2, 2010, the Government Accountability Office responded to a request from the House Subcommittee on Energy and Water Development to evaluate “whether the President’s recent budget requests for the Corps are presented so that agency priorities are clear and proposed use of funds transparent.” In its analysis, the GAO … Continue Reading

Provisions Added to the FAR Concerning Use of Project Labor Agreements

Posted in Federal Procurement Policy
By: Joseph A. Hackenbracht On April 13, 2010, the FAR Council published in the Federal Register a Final Rule that adds a new section to the Federal Acquisition Regulation – Subpart 22.5 – Use of Project Labor Agreements for Federal Construction Projects. The Final Rule implements Executive Order 13502, which President Obama signed on February … Continue Reading

Obama's Message to Federal Contractors: "Pay Your Taxes"

Posted in Federal Procurement Policy
By: Edward T. DeLisle On Wednesday, January 20, 2010, President Obama signed a presidential memorandum directing the Internal Revenue Service to conduct an audit of all federal contractors.  As reported by Nextgov.com, the audit is designed to identify those federal contractors that have failed to pay taxes and prevent them from obtaining additional federal work.  … Continue Reading

Court of Appeals Keeps MATOC Alive

Posted in Federal Procurement Policy
The Court of Appeals for the Federal Circuit has decided two cases that assure the continued use of the Multiple Award Task Order Contract (“MATOC”) in federal construction contracting. In the first case, Weeks Marine, Inc. v. United States, the United States Court of Federal Claims decided a bid protest in favor of Weeks Marine.  … Continue Reading

The American Recovery and Reinvestment Act of 2009: What it Means for Federal Construction Contractors

Posted in Federal Procurement Policy
Co-authored by Michael H. Payne and Craig A. Schroeder On February 17, 2009, the President signed Public Law 111-5, the American Recovery and Reinvestment Act of 2009 (also known as “ARRA,” the “Recovery Act,” and the “Stimulus Act”), including a number of provisions to be implemented in Federal Government contracts.  The Recovery Act’s purposes are … Continue Reading

Department of Defense Expenditure Plan Provides Tremendous Opportunities for Federal Construction Contractors

Posted in Federal Procurement Policy
Although many aspects of our economy are suffering, the federal construction market will most certainly be booming.  On Friday March 20, 2009, the Department of Defense issued a 191 page Report to Congress detailing how it plans to spend the money it has received as part of the American Recovery and Reinvestment Act of 2009, … Continue Reading