Georgia Tech Procurement Assistance Center

Recent GAO decisions underscore the need for precision in identifying corporate entities during the procurement process

By

Many government contractors are part of corporate families consisting of multiple corporate entities.  One entity may be named as the official contracting party, but use the resources of affiliates, parents, or subsidiaries during performance.

The distinction between those members of the corporate family may not seem important in terms of day-to-day operations — in fact, the synergy and seamlessness between the corporate entities may be a selling point.

Two recent Government Accountability Office (GAO) decisions make clear, however, that when it comes to bidding on government work, it is important to precisely identify which corporate entity is going to do what and which corporate entity has which resources.

In BDO USA, LLP and Intermarkets Global USA, LLC, GAO’s decisions turned on a perceived misidentification of corporate entities at some point in the procurement process.  In BDO, the problem occurred during bid submission.  In Intermarkets, the problem occurred when the protest was filed.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2018/11/still-just-rat-cage-recent-gao-decisions-underscore-need-precision-identifying-corporate-entities-procurement-process/

Who’s the ombudsman? Proposed FAR rule requires clarity

By

When GAO lacks jurisdiction to hear a protest over a task or delivery order, contractors have the right to complain to an ombudsman. Implementation of the ombudsman right, however, has been haphazard at best.

Last week, the DoD, GSA, and NASA–the entities comprising the FAR Council–proposed a rule to help alleviate this issue for IDIQ contracts.

Generally, 10 U.S.C. § 2304c and 41 U.S.C. § 4106 require each head of an agency that awards MATOC or delivery order contracts to appoint “a senior agency official who is independent of the contracting officer” as the “task and delivery order ombudsman.” The position requires the appointee to review complaints from contractors in order to ensure “that all of the contractors are afforded a fair opportunity to be considered” in certain circumstances where the underlying contract falls outside of GAO’s jurisdiction.

Keep reading this article at: http://smallgovcon.com/statutes-and-regulations/whos-the-ombudsman-proposed-far-rule-requires-clarity/

Women are the solution to the construction industry’s labor shortage

By

Megan Ross is an assistant superintendent for a large Maryland-based general contractor.  Ross, a former architecture major, had realized she’d rather build structures than design them, and is now on construction sites every day, coordinating subcontractors and monitoring the progress of jobs.

At her first position out of college, she earned a salary of over $50,000; two years later she says, “I have friends in architecture who are making half of that.”  The work is a joy, she says. “It’s one of the best careers you can have.”

Ross is part of an overlooked group that, with some assistance, could easily solve the construction industry’s labor shortage: women. Currently, women make up less than 3 percent of the construction workforce, which includes the building trades—hands-on jobs like carpentry, bricklaying, and electrical work—as well as management. If twice as many women worked in the field, the industry’s labor shortage would, according to data available from the U.S. Department of Labor, practically be wiped out.

And finding a solution to the ongoing worker shortage is crucial.

Keep reading this article at: https://www.curbed.com/2018/11/5/18065266/construction-industry-labor-shortage-women

Specialty contractors market ‘hot’

By

Subcontractors on Engineering News-Record’s 2018 Top 600 Specialty Contractors list generated a total $124 billion of revenue in 2017, up 10% from 2016 and marking the seventh year in a row that earnings for this group increased.  ENR said the “hot” market subcontractors are enjoying right now should last at least another 12 to 18 months.

Mechanical, electrical and utility contractors dominated the first 10 spots on ENR’s list. Some firms are growing through acquisitions, but as the list of investors grows, so does the dollar amounts of the deals.

Although many specialty contractors are enjoying not having to beat the bushes in search of work, they still face challenges. One is the risk of taking on too much work, leaving those that overextend themselves vulnerable to cash flow, management and staffing shortfalls.  General contractors also have become competitors in some markets, choosing to control work quality and production schedules by self-performing jobs they previously subcontracted.  Meanwhile, the demand for specialty contractors has brought firms into the industry that have little or no expertise in the work they are bidding for.

Keep reading this article at: https://www.constructiondive.com/news/specialty-contractors-market-hot-says-enr/540698/

DOL announces new compliance assistance tools to assist new and small businesses

By

The U.S. Department of Labor has announced the launch of the New and Small Business Assistance and the Compliance Assistance Toolkits web pages.

These new online tools assist American small businesses and workers with simple, straightforward resources that provide critical Wage and Hour Division (WHD) information, as well as links to other resources.

The web pages were established in response to feedback received from new and small business stakeholders voicing their need for a centralized location to secure the tools and information they need to comply with federal labor laws. The web pages also provide relevant publications and answer the questions most frequently asked by new and small business owners. These tools, in conjunction with worker.gov and employer.gov, ensure greater understanding of federal requirements and provide tools to help employers find resources offered by other regulatory agencies.

In addition to these new resources, WHD recently made available compliance assistance videos that provide brief, plain-language explanations of the Fair Labor Standards Act’s (FLSA) requirements and protections. The videos provide essential information employers need to understand their obligations under the law.

In August 2018, the Office of Compliance Initiatives (OCI) launched a revamped worker.gov to provide information about workers’ rights and an all-new employer.gov to provide information about the responsibilities of job creators toward their workers.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the Division’s toll-free helpline at 866-4US-WAGE(487-9243).

Information is also available at https://www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by the Division.

Source: https://www.dol.gov/newsroom/releases/whd/whd20181017

How to leverage the government’s focus on transformation

By

Vendors with truly transformational technologies may soon find more receptive ears in the public sector, as senior IT executives wrestle with topics from acquisition reform to creating an environment that will attract the workforce of tomorrow into today’s government.

In late August, a number of public and private sector officials met in DC for a series of brief conversations on government IT and procurement, focusing on transformation. These conversations considered how to use innovation for everything from protecting critical assets to reforming acquisition methods.

Three key conversations dealt with how to consolidate procurement schedules, collaboration for technology modernization, and making government more attractive to younger prospective employees.

Keep reading this article at: https://washingtontechnology.com/articles/2018/09/14/insights-shaker-government-transformation.aspx

Slight decrease in FY17 suspensions and debarments, but contractors should take note of the continued high level of activity

By

On July 31, 2018, the Interagency Suspension and Debarment Committee delivered its annual report to Congress on the status of the suspension and debarment system. The report shows a continued high level of activity relative to the last decade and serves as a reminder that exclusion from the federal marketplace continues to be a risk for contractors that do not “cut square corners” with the government.

The FY2017 report shows a modest decrease in the number of suspensions, proposed debarments, and debarments from the last fiscal year, a trend that has continued since the high-water mark set in FY2014.

But it also notes that the number of exclusions in FY17, over 3,000, are almost double those reported when the Committee first began formally tracking the data in FY09, approximately 1,800.

The decline in the total number of suspensions, debarments, and proposed debarments should not be viewed as an indication that suspension and debarment officials (SDOs) across the government are not vigilant or that they are not taking appropriate action when unethical individuals or contractors pose a threat to the public interest. Rather, it is likely that growing proactive engagement by contractors with SDOs even in the absence of lapses has decreased the need to suspend or debar contractors when problems do occur by ensuring that SDOs understand those companies’ commitment to ethics and compliance and that appropriate remedial actions are taken promptly where there is cause to question whether a company should be permitted to continue contracting with the government.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=742270

If you’re not early, you’re late: Meeting deadlines in federal procurements

By

Businesses hoping to win a government contract must be familiar and comply with a host of complex timeliness rules, from the deadlines for submitting proposals and revisions, to the rules for protesting a potentially improper award to a competitor.

One small slip-up may be the difference between receiving a contract and not receiving it.

Untimeliness is a theme that frequently appears in the Government Accountability Office (GAO) protests we highlight on this blog: late proposals, tardy requests for a debriefing, untimely protests.

Some deadlines are obvious: If the solicitation says proposals are due at 5:00 p.m., don’t submit your proposal at 5:30 p.m. Others are less intuitive: When is the last possible moment you can request a required debriefing?  A few are positively convoluted.

We provide a few practical tips on timeliness below, illustrated with some cautionary protest decisions. As always, if you are not absolutely sure about any deadline, ask your procurement attorney.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=742438

5 critical mistakes small business contractors should avoid

By

 

Ready to jump into the $450 billion government contracting space?

Don’t make these key mistakes.

It’s no secret that the U.S. government is one of the largest buyers and sellers of goods and services in the world, leading to tremendous opportunity for companies that earn federal contracts. If you are a small business or startup you are in luck as the government sets aside contract requirements in favor of small and socio-economic enterprises. For example, in 2017 the government awarded 24 percent of federal contract dollars to small businesses totaling $105.7 billion.

With the right amount of planning, preparation and effective networking, small businesses can thrive in the federal contracting space, but there are some major mistakes or red flags to avoid.

Keep reading this article at: https://federalnewsnetwork.com/commentary/2018/10/5-critical-mistakes-small-business-contractors-should-avoid/

How contractor fraud is reported shouldn’t affect how it gets investigated

By

While the vast majority of federal contractors are dedicated to their craft and their country, a very few wrongdoers occasionally cast a shadow on the industry as a whole. Unfortunately, the way that the government resolves fraud allegations is often dictated not by the egregiousness of the fraud but rather by how the government learns of suspected wrongdoing.

Given this inconsistency, we suggest a more uniform approach to addressing whistleblower allegations.

As many defense contractors have painfully learned over the years, the world of federal procurement regulations is complicated, evolving, and perilous. Even technical violations of procurement regulations can bring stiff consequences. And, more and more, employees at federal contractors are speaking up when they see wrongdoing. We applaud these employees for taking their job responsibilities seriously. And, when an employee sees wrongdoing, he or she should report it.

The traditional way to blow the whistle is to report internally up the chain and—if that does not work—the whistleblower could report suspected wrongdoing to federal contracting officers or to Defense Department hotline numbers.

Keep reading this article at: https://www.govexec.com/contracting/2018/10/how-contractor-fraud-reported-shouldnt-affect-how-it-gets-investigated/151771

Contracting News

Read More

Contracting Tips

Read More

GTPAC News

Read More

Georgia Tech News

Read More