Government Contracts

FAC 2005-76 Issued with One Interim, Three Final Rules

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council have issued FAC 2005-76, which contains one interim rule and three final rules amending the Federal Acquisition Regulation. The rules are Item I—Equal Employment and Affirmative Action for Veterans and Individuals with Disabilities (FAR Case 2014-013, Interim), Item II—Small Business Protests and Appeals (FAR Case […]

Major Contract Awards

U.S. Transportation Command Awards $513 Million Contract. National Air Cargo Group, Inc., Orlando, Florida, is being awarded a $513,625,650 maximum ceiling modification (P00013), exercising the second option period to previously awarded contract for international commercial multimodal transportation services. Work will be performed worldwide, with an expected completion date of July 31, 2015. Fiscal 2014 and 2015 […]

Executive Order Bans LGBT Discrimination by Contractors

President Obama signed Executive Order 13672 extending discrimination protections for contractor employees. In addition to amending E.O. 11478 to extend corresponding protections for federal employees, the new EO amends E.O. 11246 to add sexual orientation and gender identity to the list of categories of contractor employees protected from discrimination. The order also adds sexual orientation and gender identity to […]

Strengths Assigned in Irrational and Unequal Manner

A protest of an evaluation of proposals for a border enforcement sensor system was sustained because the evaluation lacked a rational basis and was based on unequal treatment. The technical evaluation team assigned exceptional strengths to the awardee’s proposal under operational utility and technical subfactors for its standard resolution camera that contained a digital enhancement […]

Contract Awards

Navy Awards $593 Million Contract for Nuclear Propulsion Components. Bechtel Plant Machinery Inc., Monroeville, Pa., is being awarded a $593,104,854 cost-plus-fixed-fee contract for naval nuclear propulsion components. Work will be performed in Monroeville, Pa. (66 percent), and Schenectady, N.Y. (34 percent). No completion date or additional information is provided on naval nuclear propulsion program contracts. […]

SBA Amends Surety Bond Guarantee Regulations

The Small Business Administration has finalized, without change, a proposed rule ( ¶70,425.504) revising its Surety Bond Guarantee Program regulations. The rule conforms the regulations to certain provisions of the National Defense Authorization Act for Fiscal Year 2013 (PL 112-239), including those that increase the contract amounts for which SBA is authorized to guarantee bonds, […]

Government’s Responsiveness Determination Was Flawed

The government’s determination two proposals were responsive to a solicitation was arbitrary, capricious, and an abuse of discretion, according to the Court of Federal Claims, because the proposals’ failure to provide required financial information was material. The National Park Service prospectus soliciting proposals for concession contracts to provide guided cross-country ski tours required offerors to […]

$24 Million FCA Penalty Was Constitutional

The Court of Appeals for the Fourth Circuit reversed and remanded a district court’s decision declining to award a civil penalty under the False Claim Act because a $24 million judgment did not constitute an excessive fine under the Eighth Amendment. Following a jury verdict against the contractor on allegations it filed a false certificate […]

Major Contract Awards

Defense Logistics Agency Awards $872 Million Contract for Fire and Emergency Services Equipment. Atlantic Diving Supply Inc., Virginia Beach, Va.; W.S. Darley Inc., Itasca, Ill.; Unifire, Spokane, Wash.; The Mallory Co., Longview, Wash.; Federal Resources, Stevensville, Md.; and L.N. Curtis & Sons, Oakland, Calif., have been awarded a maximum $872,000,000 firm-fixed-price, tailored logistics support program […]

“Peg” Rate Rises to 3⅛%

The Small Business Administration has set the optional “peg” rate for the October through December quarter of fiscal year 2014 at 3.125 percent. The prior quarter’s rate was 2.5 percent. The “peg” rate is a weighted average of the cost of money to the government for maturities similar to the average SBA direct loan. Pursuant […]