Author Archive | Daniel McAuliffe

CVE rule change

CVE Proposing to Change Its Reverification Rules

Open for Comment On February 21, 2017, the VA issued a CVE rule change proposing that Center for Veterans Enterprise (CVE) verified businesses be reverified for compliance every three-years instead of every two-years. The VA’s proposal implements a section of the Veterans Benefits, HealthCare, and Information Technology Act of 2006, that requires the VA to verify […]

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Solicitation Canceled without good reason

Cancelling Solicitation Without Adequate Justification is an Abuse of Discretion

Can an Agency Extend an Incumbent’s Contract Without Justification? The GAO has ruled that cancelling solicitations and extending contracts with an incumbent, requires a good reason. In the Matter of:  Walker Development & Trading Group, Inc., File:  B-413924, dated January 12, 2017, the GAO sustained the protest of a VA decision to extend the award of an $10 […]

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property transfers to family members

Business Owner Beware – Property Transfers to Family may be Considered Gifts

Property Transfers to Family and Tax Consequences Property transfers to family members can have tax consequences.  Business owners should have estate plans, but many owners are unaware of the tax implications associated with recapitalizing their business entities to help family members.  Business owners probably already know that sales of stock, for example, have tax consequences. […]

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Maximum Competition in contracting

Maximum Competition in Government Contracting to the Extent Practicable

Head Scratcher – They Thought They Could Get Away with This? The FAR requires maximum competition in government contracting to the extent practicable. A small business from Nevada has made the Department of the Interior look foolish by challenging its attempt to hide a solicitation for quotes for diesel fuel.  In the Matter of: Bluehorse […]

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Prime contractor payments

New Rule Designed to Enforce Prime Contractor Payments Accountability

Prime Contractor Payments Responsibilities A new rule goes into effect on January 19, 2017 that amends the Federal Acquisition Regulation (FAR) and requires contractors to notify the contracting officer if the prime contractor payments are reduced price to a small business subcontractor or if the prime contractor payments to a small business subcontractor is more […]

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Sam registration accuracy

Bid Protest Over Lack of SAM Registration Accuracy

Double Check Your SAM Registration Accuracy! We urge all our clients to be thoughtful about not only their corporate documents (such as articles, operating agreements and bylaws), but to double check the accuracy of their DUNS and SAM registration accuracy. Government contracting officers rely on the information in these systems when making their decisions. The […]

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multiple-award contracts

Multipl-Award Rule Making

DoD, GSA and NASA Propose Amending Multiple-Award Rules Applying to Small Businesses The DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA). The proposed rule would set Government-wide policy for partial set-asides and reserves, and setting aside orders for small […]

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Disputes Clause

Disputes Clause in Your Subcontract

Don’t’ Become a Subcontractor with a “Garden Variety” Lawsuit  Service Disabled Veteran Owned Small Businesses (SDVOSB), and other small businesses, want to become subcontractors to entities with prime government contracts. But, subcontractors beware – unless a prime contract contains mandatory “flow down” requirements, or the subcontract demonstrates an intent to create privity, a subcontractor has […]

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Whitcomb, Selinsky, McAuliffe, PC has been verified by the VA's Center for Verification and Eligibility (CVE) as Service Disabled Veteran Owned Small Business (SDVOSB)