Oct 2, 2014

barbaraOctober 2nd, 2014

Happy end of the government fiscal year to everyone! Let’s start with GSA this week.  It’s own Office of Audits, Office of Inspector General just released a report that the Federal Acquisition Service (FAS) is not consistently training its CORS in best practices, consistent with certification standards. Recommendations include more school. Here’s the full report.

And a tip of the hat to Jerry Walz for posting this interesting case on the limitation of subcontracting rule on his site.

Judge Lettow find that the government’s position  was not substantially  justified noting “Remarkably, a review of the administrative record revealed that the Army failed to make any inquiry into each offeror’s ability to comply with the limitation-on-subcontracting provision of the FAR, a prerequisite for the offerors’ proposals to be considered technically acceptable.  That’s it in a nutshell for all of you government folks who are ignoring that clause.

HYPERION, INC. v. THE UNITED STATES, COFC  No. 13-1012C, September 29, 2014.

The Department of Labor (DOL) today announced that it will publish a Final Rule implementing the provisions of Executive Order 13658.

Key provisions of the final rule include:

  • Definitions for key terms used in the Executive Order, including contracts, contract-like instruments, and concessions contracts.
  • Guidance for contractors on their obligations under the Executive Order and an enforcement process.

Executive Order 13658 applies to new contracts and replacements for expiring contracts with the Federal Government that result from solicitations issued on or after January 1, 2015 or to contracts that are awarded outside the solicitation process on or after January 1, 2015.

For more information, please visit the Wage and Hour Division’s Executive Order 13658 web page here.

And finally, this good tutorial case on what task orders can be protested.

Where maximum value of task order issued by agency is less than $10 million, GAO does not have jurisdiction to entertain protest challenging issuance of task order notwithstanding the fact that the protester proposed a price in excess of $10 million.

Goldbelt Glacier Health Services, LLC B-410378; B-410378.2 September 25, 2014.


Feel free to contact me with any comments or questions at bkinosky@centreconsult.com.

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