Terminations, Delays, Disruptions, Adjustments

Judgment Day: A Look Inside the Proposal Evaluation Process

You just spent untold hours hammering out a response to a 100-page RFP for a government project. You submitted your proposal, and now you're waiting. How will your response be judged? Most evaluation processes are similar. Proposals that are difficult to follow may be scored lower, even if they contain the required information. If following a prescribed format was a mandatory condition of the RFP, and you deviated from it, your proposal may be judged as "non-compliant" and eliminated from consideration. First, the project manager or RFP officer determines whether the proposal complies with each of the mandatory terms and conditions in the RFP. In some jurisdictions, proposals that fail to comply must be eliminated from further consideration. In other jurisdictions, they may be eliminated at the discretion of the procurement officer.

Industrial Funding Fees

Inquiry: We have just reported third quarter annual sales to the GSA. Is the IFF fee an allowable overhead cost? Response: Some firms consider it part of Overhead Cost and some consider it a Direct cost. If a large majority of your work is GSA FSS then it would be acceptable, in my opinion, to include it in your Overhead cost. The IFF fee is not profit, nor is it interest. It represents a legitimate cost that is charged to the buyer agency through the contract for administration of the GSA contract oversight.

SBA PARTNERSHIP WITH DEPARTMENT OF NAVY WILL PROVIDE CONTRACT

WASHINGTON The U.S. Small Business Administration and the Department of Navy today signed a Memorandum of Agreement that will improve federal contracting opportunities for more than 240 small disadvantaged firms participating in the SBAs 8(a) Business Development program in all 50 states. Under the agreement, the Naval Sea Systems Command will use its SeaPort-e Web-based services acquisition tool containing Multiple Award Contracts to award federal contracts directly to firms participating in the 8(a) program. The 8(a) program is a business development program that provides management and technical assistance, and assistance in identifying federal contracting opportunities to socially and economically disadvantaged businesses.

OFPP Executive Compensation Caps

This is for those of you who missed the information on the new Cap on executive compensation. Most are nowhere near this cap! However, you should at least be aware of it. Please note that this limit applies to only the largest contractors. Small and midsized contractors would not normally be able to claim compensation in this amount without being challenged by DCAA. The Office of Federal Procurement Policy published the maximum benchmark compensation amount that will be allowable under government contracts for Cost Incurred 01/01/2021 through 12/31/2021. $568,000

Contract Law

Q. What is the False Claims Act? A. The False Claims Act, 31 U.S.C. 3729-3733, imposes civil liability on any person or entity who submits a false or fraudulent claim for payment to the United States government. In general, the False Claims Act covers fraud involving any federally funded contact or program, with the exception of tax fraud. The primary activities that constitute violations under the False Claims Act are (1) knowingly presenting (or causing to be presented) to the federal government a false or fraudulent claim for payment; (2) knowingly using (or causing to be used) a false record or statement to get a claim paid by the federal government;