When the FY2017 National Defense Authorization Act (NDAA) was enacted, the prohibition in Section 813(c) against the use of lowest price technically acceptable (LPTA) source selection criteria seemed fairly cut and dry. As time passes and procuring agencies adopt new evaluation schemes, however, the parameters of the prohibition are being tested. The recent Government AccountabilityRead More
Cybersecurity issues are not going away anytime soon and the risk of noncompliance for contractors is ratcheting up. In a recent ruling in a Civil False Claims Act (FCA) Qui Tam case, Judge Shubb of the Eastern District of California determined that the whistleblower’s allegations – – that a company’s statements regarding the status ofRead More
In trying to pool resources amongst related entities, lines may blur as to whether the personnel on a given project are employed by the domestic entity in accordance with the contract requirements and terms of proposal. While the facts of ABS Development Corporation, ASBCA Nos. 6022, et al. are on the extreme side of noncompliance,Read More
A new Personal Net Worth requirement for MBE/WBE certification is set to take effect in Kansas City, Missouri on October 1, 2019. It applies to everyone, and could have a significant impact. New Requirements On October 25, 2018, the Kansas City Council amended the rules that govern the City’s Minority & Women Business Enterprise ProgramRead More
E.O. 13858 Reiterates the Need for Strict Application of Buy American Rules on Infrastructure Projects On January 31, 2019 President Trump issued his “Executive Order on Strengthening Buy-American Preferences for Infrastructure Projects” (E.O. 13858). The Order is a re-assertion of and expansion upon his April 18, 2017 “Executive Order on Buy American and Hire American”Read More