Georgia Tech Procurement Assistance Center

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Company calls out ‘old guard’ after Pentagon cuts its $950 million cloud contract by 93 percent

March 12, 2018 By Andrew Smith

One week ago, Virginia-based REAN Cloud was preparing to hire an additional 100 employees to meet demand across the Defense Department after it received a $950 million other transaction authority agreement to provide cloud services across Defense agencies.

Now the company is calling out the contracting community that it feels helped successfully pressure the Pentagon to curb its contract award by more than 90 percent — from $950 million to $65 million — and looking for answers from the Defense Department.

“Based on the threat of legal action and protest by the old guard, the only winners in this delay are those large companies that stand to lose money if the Defense Department proceeds with innovation. In the meantime, the cost of maintaining antiquated government infrastructure has not subsided,” said Sekhar Puli, the company’s managing partner, in a statement.

Keep reading this article at: http://www.nextgov.com/it-modernization/2018/03/company-calls-out-old-guard-after-pentagon-cuts-its-nearly-1-billion-cloud-contract/146529/

Filed Under: Contracting News Tagged With: cloud, DIUx, DoD, modification, OTA, other transactional authority, prototype, scope of work

CORs weren’t authorized to order additional work, so contractor goes unpaid

August 9, 2017 By Andrew Smith

A contractor’s performance of extra work outside the scope of the contract may go uncompensated if a contractor does not receive appropriate authorization in accordance with the contractual terms.

A Court of Federal Claims decision reinforced that a contractor should only perform work required under the terms of the federal contract or directed by an authorized government agent in accordance with the contractual terms. And importantly, a Contracting Officer’s Representative isn’t always authorized to order additional work – even if that person acts as though he or she has such authority.

The Court’s decision in Baistar Mechanical, Inc., v. United States, No. 15-1473C (2016) involved a ground maintenance and snow removal services contract for the Armed Forces Retirement Home’s property in Washington, D.C., which included 270-acre property providing residence to several hundred retired military members. Baistar successfully bid on and was awarded the contract, which was executed in December 2011. The contract contemplated a five-year period of performance beginning on December 16, 2011.

Keep reading this article at: http://smallgovcon.com/u-s-court-of-federal-claims/cors-werent-authorized-to-order-additional-work-so-contractor-goes-unpaid/

Filed Under: Contracting News Tagged With: actual authority, authority, change order, COFC, COR Contracting Officer's Representative, Court of Federal Claims, delegation of authority, DoD, extra work, scope of work, work authorization

Contractor wins claim for additional costs after partial termination by government

January 6, 2017 By Andrew Smith

It is common for government contractors to file claims on federal projects where there are government-directed changes to the contract that add time or scope.

contract-changesBut what if – instead of adding time and/or scope – the government de-scopes work from the contract by issuing a partial termination?  A recent successful claim shows that the contractor can still recover its increased costs.

In a decision by the Armed Services Board of Contract Appeals (ASBCA), the Board considered a contract for the provision of food service operations at 18 dining facilities at Fort Leonard Wood, Missouri.  After two years, the agency issued a partial termination for convenience and removed six facilities from the contractor’s scope.  The contractor continued to provide services at the remaining 12 facilities, but could not reach an agreement with the government for the cost of completing the contract.

Keep reading this article at: https://governmentcontracts.foxrothschild.com/2016/12/articles/contract-claims/contractor-wins-claim-for-additional-costs-after-partial-termination-by-government/

Filed Under: Contracting Tips Tagged With: ASBCA, certified claim, change order, claim, partial termination, scope of work

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