On September 11, 2013, the American Legion filed an amicus curiae brief, asking the Federal Circuit to reverse the Court of Federal Claims’ November decision in Kingdomware Technologies, Inc. v. The United States. In Kingdomware, the COFC effectively overturned an important line of Government Accountability Office (“GAO”) decisions affecting VOSBs and SDVOSBs.
Continuing Government Focus on Fraud Might Lead to Significant Changes in Suspension and Debarment Procedures
By Michael H. Payne & Maria Panichelli on
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…
Possible Extension of GAO's Protest Authority in the Works
By Michael H. Payne on
Posted in Bid Protests, Protection of Contractor Rights
By: Edward T. DeLisle
As part of the National Defense Authorization Act of 2008 (the 2008 Act), Congress provided the General Accounting Office (GAO) with the authority to hear protests involving certain task and delivery order contracts emanating from both defense and civilian agencies. At the time, this authority was limited to a period of…
Past Performance Reporting Overseas: Does it Happen?
By Michael H. Payne on
By: Edward T. DeLisle
For those who regularly read our blog, you know that we have followed the government’s recent concern about fraud and abuse in the federal procurement process. The GAO has issued reports that recite such abuse relative to the 8(a), HUBZone and SDVOSB programs. As those reports indicate, companies have been…
VA Moving Forward with Verification Process
By Michael H. Payne on
Posted in Small Business Contracting
By: Edward T. DeLisle
This week the Department of Veteran’s Affairs announced that it will require all companies that wish to receive set-aside contracts as veteran-owned, or service-disabled, veteran-owned, businesses to verify their status. This announcement was made as part of the 2010 Veteran’s Benefit Act and is geared toward eliminating fraud and abuse. As…
The White House Acts
By Michael H. Payne on
Posted in Small Business Contracting
By: Edward T. DeLisle
On April 26, 2010, President Obama issued an executive order to study the way in which the government provides assistance to veteran-owned and service-disabled, veteran-owned businesses. This executive order could not have come at a better time. It appears that the government has a two-fold problem: achieving federally mandated goals for…
GAO Issues Report on President's 2011 Budget Proposal for Corps of Engineers Civil Works Program and Recommends Transparency of Presentation be Improved
By Michael H. Payne on
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…