Proposed Rule Would Require Contracting Officer to Consider Contracting Directly with Subcontractor(s) That Will Perform Over 70% of the Work.

On July 10, 2014, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published a proposed rule to implement Section 802 of the National Defense Authorization Act (NDAA) for Fiscal Year 2013.  [79 Fed. Reg. 39361]  Section 802, entitled “Review and Justification of Pass-Through Contracts,” provides that in…


Discussions are Unequal When Agency allows Only One Offeror to Submit Information Showing Its Proposal Was Acceptable

In Marathon Medical Corp., B-408052 (June 4, 2014), [PDF] the GAO again addressed a popular protest basis—unequal discussions—and sustained the protest because the agency allowed the proposed awardee, but not the protester, to submit information demonstrating its proposal was acceptable. The solicitation in this procurement included a brand name or equal clause which permitted offerors…


Proposed DOL Rule Would Raise Contractor Minimum Wage

On June 17, 2014, the US Department of Labor published a proposed rule raising the minimum wage for workers on federal service and construction contracts to $10.10 per hour. [LINK] The rule implements President Obama’s Executive Order 13658, Establishing a Minimum Wage for Contractors.  The rule provides guidance and sets standards for contractors concerning coverage,…


COFC dismisses claim because claim as argued before the court was not the same claim as was presented to the contracting officer for final decision.

In Affiliated Construction Group, Inc. v. United States, [LINK] the court dismissed plaintiff’s claim because the factual basis of the claim, as argued by plaintiff to the court, was different than that presented to the contracting officer for final decision.  These issues are very fact specific, but the standard applied by the court to resolve…


SBA Revises Size Standards for Utilities and Construction

Of particular note for some federal contractors, the SBA revised size standards from $20 million to $25.5 million in Dredging and Surface Clean Up activities, which is an “exception” to the size standard for NAICS 237990, Other Heavy and Civil Engineering Construction.  This standard will become effective January 22, 2014.