Federal Construction Contracting BlogFederal Construction Contracting BlogThe purpose of this blog is to give the construction industry the benefit of our insights about the latest developments in federal construction contracting. 
Articles
Equal Access to Justice Act Attorney's Fees Denied to a Prevailing Party
2007-09-12 17:37:00 The Equal Access to Justice Act (“EAJA”) allows the recovery of attorney’s and expert witness fees provided that the applicant submits a timely application “which shows that the party is a prevailing party and is eligible to receive an award under this section. . . .” The applicant “shall also allege that the position of the agency was not substantially justified.” 5 U.S.C. 504(a)(2). In a recently decided case by the Armed Services Board of Contract Appeals, Environmental Safety Consultants, Inc., ASBCA Nos. 47498 and 53485, the United States Naval Facilities Engineering Command (NAVFAC) awarded Environmental Safety Consultants a contract in the not to exceed amount of $299,125 for sludge removal, disposal and cleaning services in lagoon #1 and lagoon #2 at the Naval Air Development Center, Warminster, Pennsylvania. Environmental Safety Consultants applied for EAJA fees and other expenses in the amount of $119,067. Th... More About: Party , Fees
Equal Access to Justice Act Attorney's Fees Denied to a Prevailing Party
2007-09-12 17:37:00 The Equal Access to Justice Act (“EAJA”) allows the recovery of attorney’s and expert witness fees provided that the applicant submits a timely application “which shows that the party is a prevailing party and is eligible to receive an award under this section. . . .” The applicant “shall also allege that the position of the agency was not substantially justified.” 5 U.S.C. 504(a)(2). In a recently decided case by the Armed Services Board of Contract Appeals, Environmental Safety Consultants, Inc., ASBCA Nos. 47498 and 53485, the United States Naval Facilities Engineering Command (NAVFAC) awarded Environmental Safety Consultants a contract in the not to exceed amount of $299,125 for sludge removal, disposal and cleaning services in lagoon #1 and lagoon #2 at the Naval Air Development Center, Warminster, Pennsylvania. Environmental Safety Consultants applied for EAJA fees and other expenses in the amount of $119,067. Th... More About: Party , Fees
GSA Streamlines Local Small Business Contracting on the Gulf Coast
2007-09-11 17:19:00 As recently reported by Elise Castelli in the Federal Times, "The long slog to rebuild the Gulf Coast devastated by Hurricane Katrina might be gaining some speed." A new order signed by GSA Administrator Lurita Doan will make it simpler and faster for the U.S. General Services Administration to award millions of dollars in recovery contracts to local small business in the Gulf Region supporting Hurricane Katrina recovery efforts. Contracts for debris clearance, supply distribution, reconstruction and other disaster relief will be set aside for local businesses under the order. "The order gives blanket justification for the set-aside awards, which will limit competition to local firms." "Local small businesses are the backbone of every community," said Administrator Doan. "Revitalizing the small businesses is one of the most significant ways we can aid in the recovery of the Gulf Coast region." ... More About: Business , Small Business , Small
GSA Streamlines Local Small Business Contracting on the Gulf Coast
2007-09-11 17:19:00 As recently reported by Elise Castelli in the Federal Times, "The long slog to rebuild the Gulf Coast devastated by Hurricane Katrina might be gaining some speed." A new order signed by GSA Administrator Lurita Doan will make it simpler and faster for the U.S. General Services Administration to award millions of dollars in recovery contracts to local small business in the Gulf Region supporting Hurricane Katrina recovery efforts. Contracts for debris clearance, supply distribution, reconstruction and other disaster relief will be set aside for local businesses under the order. "The order gives blanket justification for the set-aside awards, which will limit competition to local firms." "Local small businesses are the backbone of every community," said Administrator Doan. "Revitalizing the small businesses is one of the most significant ways we can aid in the recovery of the Gulf Coast region." ... More About: Business , Small Business , Small
Court Overrules a Federal Agency Override of an Automatic Stay in a Bid Pro
2007-09-10 22:06:00 Under the federal Competition in Contracting Act, an automatic stay of a federal procurement goes into effect if an unsuccessful bidder files a bid protest with the GAO either within ten days after a contract award is made or within five days of an agency debriefing to the bidder, whichever is later. During the stay, “the contracting officer may not authorize performance of the contract to begin while the protest is pending.” Nonetheless, the agency may override the automatic stay under certain conditions: The head of the procuring activity may authorize the performance of the contract (notwithstanding a protest of which the Federal agency has notice under this section) –(i) upon a written finding that –(I) performance of the contract is in the best interests of the United States; or(II) urgent and compelling circumstancesthat significantly affect interests of the United States will not permit waiting for the decision of the Comptroller General co... More About: Agency , Automatic , Court , Stay , Rule
New Rule Allows Subcontracts to Companies Owned by American Indian Tribes t
2007-09-07 04:49:00 A new federal rule allows federal contractors to count subcontracts given to companies owned by American Indian tribes and Alaskan communities toward small business contracting goals. The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to implement section 702 of the Emergency Supplemental Act, 2002, as amended by section 3003 of the 2002 Supplemental Appropriations Act for Further Recovery From and Response to Terrorist Attacks on the United States. The law permits subcontracts awarded to Alaska Native Corporations (ANCs) and Indian tribes to be counted towards a contractor's goal for subcontracting with small business (SB) and small disadvantaged business (SDB) concerns. In addition, the law provides that subcontracts awarded to Indian tribes that are recognized by the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c), and Indian-owned economic enterprises... More About: Companies , Owned , Rule
The Difficulty a Protester Faces When Attempting to Overcome the GAO's Defe
2007-09-05 20:58:00 The Government Accountability Office (“GAO”) posted five protest decisions today and, not surprisingly, each protest was denied. One of those decisions, Metson Marine Services, Inc., B-299705, involved Metson’s protest of the award of a contract to Seaward Services, Inc. under a Request for Proposals (RFP) issued by the Department of the Navy, Military Sealift Command (MSC) to obtain port operation and vessel management services for the Athena high speed research vessel system. Metson protested that the agency unreasonably concluded that its proposal was technically unacceptable, failed to conduct meaningful discussions with Metson, and conducted an unreasonable evaluation of Seaward’s past performance. The GAO decided that the agency reasonably determined that the protester’s proposal was technically unacceptable and that it would not conduct further discussions with the protester, where protester’s final revised proposal, submitted af... More About: Faces , Overcome , Difficulty , Prot , The D
Deal Reached on $21 Billion Water Resources Bill
2007-07-30 17:21:00 Engineering New Record reports that House and Senate conferees have reached a deal on a long–delayed bill that would authorize about $21 billion for hundreds of Army Corps of Engineers water projects and require more review by outside experts of... More About: Resources , Water , Deal , Bill , Sources
GAO Awards Recovery of Protest Costs
2007-07-27 23:07:00 In a decision issued on July 24, 2007, Matter of Panacea Consulting, Inc., the GAO ruled that protest costs should be awarded to the protester because the GAO attorney had indicated, during an Alternative Dispute Resolution proceeding, that the protest... More About: Recovery , Awards , Protest , Costs , Prot
Termination for Default Sustained in Barracks Renovation Case
2007-07-25 21:33:00 In a recent decision issued on July 6, 2007, Appeals of FFR-Bauelemente + Bausanierung GmbH, ASBCA Nos. 52152, 54563, 54808, 54809, 55017, the Armed Services Board of Contract Appeals held that the government had shown that the Contracting Officer was “justifiably... More About: Case , Renovation , Reno , Term , Barra
The Need for More Competition in the IDIQ Process
2007-07-13 21:27:00 “Competition is the cornerstone of our acquisition system.” This opening statement, from the Administrator of the Office of Management and Budget (OMB) in his May 31, 2007 policy directive, Enhancing Competition in Federal Acquisition, formed the basis for requesting that all... More About: Process , Petit
ENR Podcast of Conversation with Chief of Engineers
2007-07-11 18:34:00 Engineering News Record has posted an interesting podcast of a conversation with the recently appointed Chief of the U.S. Army Corps of Engineers , Lt. General Robert S. Van Antwerp. The General responds to questions about the on-going construction efforts in Iraq,... More About: Podcast , Conversation
Electronic Subcontracting Reporting System (eSARS)
2007-06-26 22:13:00 As part of the President's Management Agenda for Electronic Government, the Small Business Administration (SBA), the Integrated Acquisition Environment (IAE), and a number of Agency partners collaborated to develop the next generation of tools to collect subcontracting accomplishments. This government-wide... More About: System , Tron , Trac , Stem
DoD Construction Contracting Heating Up In Virginia
2007-05-29 11:48:00 On May 17, 2007, we presented a seminar in Richmond where we discussed the “New World of Federal Const ruction Contra cting” with a number of contractors interested in obtaining and performing Indefinite Delivery Indefinite Quantity (IDIQ) and Multiple Award Task Order... More About: Virginia , Eating
DoD Construction Contracting Heating Up In Virginia
2007-05-29 11:48:00 On May 17, 2007, we presented a seminar in Richmond where we discussed the “New World of Federal Cons t ruction Contracting” with a number of contractors interested in obtaining and performing Indefinite Delivery Indefinite Quantity (IDIQ) and Multiple Award Task Order... More About: Virginia , Eating
Procurement Terminology Can Be "Baffling" To Contractors New To Federal Pro
2007-05-16 17:39:00 A client new to Federal contracting was requested recently to submit a "BAFO" by an agency contract specialist. Our client asked what was meant by a "BAFO," and the government representative responded "your best and final offer," and suggested that our... More About: Terminology , Proc , Contra , Contractors , Trac
Procurement Terminology Can Be "Baffling" To Contractors New To Federal Pro
2007-05-16 17:39:00 A client new to Federal contracting was requested recently to submit a "BAFO" by an agency contract specialist. Our client asked what was meant by a "BAFO," and the government representative responded "your best and final offer," and suggested that our... More About: Terminology , Contractors , Trac , Cure , Ology
It is Dangerous to Take Shortcuts When Preparing Your Proposal
2007-04-27 23:26:00 A recent GAO decision highlights the need for offerors to fully understand a Request for Prop osal s (RFP) and to pay close attention to the details when preparing a proposal in response to an RFP. In C. Martin Company, Inc., the agency rejected... More About: Shortcuts , Short , Cuts
It is Dangerous to Take Shortcuts When Preparing Your Proposal
2007-04-27 23:26:00 A recent GAO decision highlights the need for offerors to fully understand a Request for Proposal s (RFP) and to pay close attention to the details when preparing a proposal in response to an RFP. In C. Martin Company, Inc., the agency rejected... More About: Ring , Anger , Danger , Shortcuts
SAME Reports that the DoD Mentor-Protégé Program is Growing
2007-04-18 07:04:00 The Society of American Military Engineers (SAME) reports, in its latest issue of the SAME Government & Industry e-News, that since the Department of Defense (DOD) Mentor -Protégé program began 16 years ago with one agreement, industry participants have formed nearly... More About: Growing , Program , Rowing , Same
SAME Reports that the DoD Mentor-Protégé Program is Growing
2007-04-18 07:04:00 The Society of American Military Engineers (SAME) reports, in its latest issue of the SAME Government & Industry e-News, that since the Department of Defense (DOD) Mentor -Protégé program began 16 years ago with one agreement, industry participants have formed nearly... More About: Report , Port , Hat , Prog
The Era of Large Construction Contracts and Task Orders
2007-04-15 16:01:00 We recently presented a number of seminars on the topic “How to Succeed in the New World of Federal Const ruction Contra ct ing” that dealt with the shift from sealed bidding to negotiated procurement in federal construction contracting, as well as the... More About: Order
The Era of Large Construction Contracts and Task Orders
2007-04-15 16:01:00 We recently presented a number of seminars on the topic “How to Succeed in the New World of Federal Const ruction Contracting” that dealt with the shift from sealed bidding to negotiated procurement in federal construction contracting, as well as the... More About: Order , Tracts , Orders
Accessing Performance Evaluations in Federal Contracting
2007-04-11 23:40:00 One of the most important factors considered by agencies in negotiated procurements is the past performance of an offeror. In addition to the information that an offeror might provide in response to a solicitation, source selection officials can access the performance... More About: Performance , Form , Trac , Perform , Valuation
Accessing Performance Evaluations in Federal Contracting
2007-04-11 23:40:00 One of the most important factors considered by agencies in negotiated procurements is the past performance of an offeror. In addition to the information that an offeror might provide in response to a solicitation, source selection officials can access the performance... More About: Performance , Contract , Acting , Evaluation , Access
Determination of Suitability of Service-Disabled Veteran-Owned Small Busine
2007-03-29 18:37:00 In what we regard as a somewhat unusual decision by the GAO, given its reluctance to interfere with matters of agency discretion, the GAO has concluded that the Air Force failed to make reasonable efforts to ascertain whether an acquisition... More About: Service , Small , Veteran , Owned , Disabled
Determination of Suitability of Service-Disabled Veteran-Owned Small Busine
2007-03-29 18:37:00 In what we regard as a somewhat unusual decision by the GAO, given its reluctance to interfere with matters of agency discretion, the GAO has concluded that the Air Force failed to make reasonable efforts to ascertain whether an acquisition... More About: Service , Nation , Small , Veteran , Owned
Government Right to Require Strict Compliance with the Specifications Does
2007-03-22 03:55:00 The government has the right to insist upon strict compliance with the contract specifications. However, the government does not have an unlimited right to require corrective work when it is not really necessary and amounts to economic waste. In other words, just... More About: Government , Specific , Compliance , Strict
ASCE Calls for the 110th Congress to Restore the Nation's Failing Infrastru
2007-03-12 22:46:00 The American Society of Civil Engineers calls attention, on its website, to the rapid deterioration of our nation's highways, bridges, airports, dams, waterways, water systems, wastewater systems and other infrastructure facilities that are vital to our nation's economy and our quality of life. ... More About: Congress , Calls , Restore , The Nation
ASCE Calls for the 110th Congress to Restore the Nation's Failing Infrastru
More articles from this author:2007-03-12 22:46:00 The American Society of Civil Engineers calls attention, on its website, to the rapid deterioration of our nation's highways, bridges, airports, dams, waterways, water systems, wastewater systems and other infrastructure facilities that are vital to our nation's economy and our quality of life. ... More About: Congress , The N , Store , Calls , Nation 1, 2, 3, 4, 5, 6 |
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