by Members & Staff | Oct 5, 2012 | Uncategorized
Guest Author: Kym Nucci, Partner, Thompson Coburn LLP, writes: The GAO decision in The Clay Group, LLC, B-406647; B-406647.2, July 30, 2012, provides a tutorial for agencies on how not to conduct a procurement and respond to a disappointed offeror’s protest. The case...
by Members & Staff | Oct 4, 2012 | Accounting, Audits, Cost, and Pricing
Eliminate Price Proposals by Darrell Oyer, Darrell J. Oyer & Company: A recent article in the Federal Times suggests that DOD “should-cost” reviews be used as an alternative to contractor price proposals. The rationale is that because should-cost...
by Members & Staff | Oct 4, 2012 | Uncategorized
In any type of best value selection, the GAO has again made clear that the Agency must consider price. Glotech, Inc., B-406761, Aug. 21, 2012. In Glotech, the US Agency for International Development (“AID”) competed a Blanket Purchase Agreement (“BPA”) worth up to...
by Members & Staff | Oct 3, 2012 | Uncategorized
Recently, in Tip Top Const., Inc. v. Donahoe, Postmaster Gen., (Fed. Cir. No. 2011-1509, Sept. 19, 2012), the Federal Circuit reiterated its earlier position that although professional fees incurred in connection with prosecution of a Contract Disputes Act (“CDA”)...
by Garry Grossman, Principal, McCarthy, Sweeney & Harkaway, PC | Oct 2, 2012 | Uncategorized
The Civilian Board of Contract Appeals recently addressed the question of which contracting officer must decide disputes concerning GSA schedule contracts–the GSA CO or the Ordering Office CO. FAR 8.406 says both. It gives the CO from the Ordering Office (in...