If you are a government contractor that must maintain an information system for the government under a contract, you will want to take note of a recent document issued by the National Institute of Standards and Technology (NIST) of the U.S. Department of Commerce: “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” NIST Special Publication 800-171.
Incorporation of Terms in a Contract by Reference
Courts and boards have narrowly construed when a contract will incorporate extrinsic terms by reference. A good example of this practice occurred in a recent decision of the U.S. Court of Federal Claims, Peterson Industrial Depot, Inc. v. U.S., 140 F
2018 National Defense Authorization Act opens up opportunities for more small and large businesses
On December 12, 2017, President Donald Trump signed the 2018 National Defense Authorization Act (NDAA). A number of the provisions increase opportunities for large and small businesses and open the Government contracting market to a number of vendors
Dangers with emailed proposals
Dangers with emailed proposals Earlier this year, I posted about how an emailed proposal was ruled late and therefore not eligible to be considered for evaluation. Another offeror has had a similar problem. So I relate this sad cautionary tale with t
Federal contractors have to pay higher minimum wage in 2018
On September 15, 2017, the Wage and Hour Division of the U.S. Department of Labor announced the new minimum wage rate that government contractors will have to pay in 2018: $10.35 an hour. This is an increase from the current rate of $10.20 an hour. T
Yes, the Federal Government does have implied duty of good faith and fair dealing
In a recent decision, the U.S. Circuit Court of Appeals for the Federal Circuit has affirmed that the Federal Government does have an implied duty of good faith and fair dealing in conducting its business. Basic contract details The contractor agreed
Jun
29
May
06
On October 31, 2014, the Government Accountability Office (GAO) denied three protests by companies bidding on providing information technology required by the U.S. Army Materiel Command.
Apr
13
On July 21, 2014, President Obama signed Executive Order 13672, entitled “Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity,” adding sexual orientation and gender identity to the list of prohibited forms of employment discrimination. This Executive Order amended prior Executive Orders 11246 (President Johnson, 1965) and 11478 (President Nixon, 1969), which prohibited discrimination on the basis of race, color, religion, sex, or national origin.
Feb
05
In a bid protest filed by SunGard Data Systems, Inc. (B-410025, Oct. 10, 2014), the Government Accountability Office (GAO) addressed whether latent ambiguity in a work statement can prejudice a bidder.
Feb
04
In a bid protest filed by Swets Information Services (B-410078, Oct. 20, 2014), the Government Accountability Office (GAO) sustained a protest based upon inadequate documentation of the agency’s evaluation. However, the agency denied the protest on other grounds, including protester’s challenge that the agency’s past-performance evaluation was erroneous, because the protester failed to show it was prejudiced as a result of the alleged error.