I have always limited posting here to government contracting issues. I am about to violate that self-imposed limitation, doing it on a subject about which I am definitely not an expert. That is probably dangerous thing to do in the blogosphere, but taking a risk now and then keeps life interesting. These ruminations are prompted by an article in Vox.com about the legality of the Berghdahl prisoner swap, today’s satire from Borowitz, and my pondering whether there was any possible way President Obama could complete his 2008 pledge to shut down Guantanamo. And now, in a spasm of synchronicity, President Obama has launched today another effort to close Guantanamo; however, the President’s proposal would require congressional approval and we know how likely that is to happen in an election year. I’m thinking about a way to close Guantanamo down without congressional approval. So here goes, my flagrantly Machiavellian, blatantly textualist way to get this done. Read the rest of this entry »
In a recent episode of the epic legal soap opera, Suits, an Assistant DA and the show’s protagonist reached an oral agreement that the Assistant DA later reneged on. This reminded me of the general proposition in the world of government contracts that, to coin a phrase, oral agreements are worth the paper they’re written on. A few years back, my opposition in a bid protest ran into this truism. Read the rest of this entry »
When a bidder in a government real estate property auction feels in some way the victim of unfair or improper treatment by the government is there a remedy available? And by remedy, I mean some formal process that will subject the government agency’s action to an independent review. If you ask the General Services Administration (the seller of most surplus federal property), they will say there is no remedy. But in my view, that is not quite the case. Read the rest of this entry »
So I’m rummaging through emails and come across a notice of a FAR update and see something called a “Small Entity Compliance Guide.” “Great,” I thought, “finally someone is trying to get information to small businesses about what they need to do to comply with the various government contracting regulations that get dumped on them from time to time.” Then I kept looking and, much to my dismay, what should appear but the Federal Acquisition Circular that has been published yea these many years with a new title. What a disappointment. Of course, it is entirely understandable. Congress comes along with the ‘‘Small Business and Work Opportunity Act of 2007’’ (buried in the ‘‘U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007’’), without of course increasing any manpower or funding to do any of this. So what can one expect of an already overstretched agency but to morph something already being done into something that meets the letter of the congressional mandate without actually doing any additional work (other than pasting a new title on the Federal Register notice). Still, I was disappointed. A Small Entity Compliance Guide is a great idea. I hope one day soon we will see one that actually helps a small business. Until then we’ll just keep searching the internet.
Your business can’t even bid on a federal government contract without registration with the “System for Award Management.” This registration can be done entirely on-line at sam.gov and anyone could do it (well, with minimal computer skills).
That said, I have been surprised, but probably shouldn’t be, that businesses wanting to get into the federal contracting world choose not to do it themselves. There a lot of companies out there that will sell you help with this registration bundled with a lot of marketing services. I have friends with government contract marketing companies and I know they do good work, but it can get pricey for a start-up.
Having done a number of these in the last few months, I have decided that I and my office manager should offer this service as a standalone product for a fixed price. If you are interested, feel free to contact me at firstname.lastname@example.org for pricing and more information on the process.
In one of my first posts on this blog, I said “the government customer is still the one customer that has its own cadre of policemen and is quite willing to send them after vendors whom they find annoying.” (http://wp.me/piEZm-3) Now, undoubtedly to provide an updated confirmation of my platitude, the FBI and IRS CID have raided the offices of a government contractor in Meriden, Connecticut. (http://tinyurl.com/66p2g7w) The contractor was involved in $3.3 billion in military housing contracts with the U.S. Navy in the Pacific Northwest for more than 600 homes; with the U.S. Air Force at bases in Florida, Georgia, Arkansas and Massachusetts, and at a U.S. Army base in Missouri.. Every one of these projects collapsed with deadlines missed and subcontractors suing for payment. Although, as I know from personal experience, the military services aren’t very well staffed to manage the development of privately owned military housing, eventually the compounding contracting disasters brought so much attention that the contractor obviously came to the attention of those government agents who carry guns and they swooped in and carted off boxes of document and computers.
The poor attorney who apparently has been representing the company in its negotiations with the government was not aware of the raid when contacted by a reporter. Naturally, the reporter didn’t hear from the attorney again. I only hope he had learned the rule of legal representation that I was taught while an in-house attorney with GE: the lawyer never goes to jail. Which is to say, advise the client, but don’t participate in the conspiracy.
While this is perhaps an extreme example of a government contract (and possibly a government contractor) gone bad, it is good to remember that for the government contracting officer, the agents with guns are only a phone call away. To be successful in this business, government contractors must have both knowledge and integrity. Either one without the other is a good recipe for one of these surprise visits.