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Privacy Act Training

New Privacy Act Training Rules for Federal Contractors

Federal government contractors must comply with new Privacy Act training procedures due to a final rule passed by the United States Department of Defense, General Service Administration, and National Aeronautics and Space Administration. Federal contractors are now required to meet training obligations to address the protection of privacy with the Privacy Act of 1974 and […]

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Unsolicited proposals

Court Finds Contractor Fails to Meet Unsolicited Proposal Requirements

A federal circuit court recently rejected a contractor’s appeal of a failed bid protest against the Navy because the court concluded that the individual had a lack of standing because his unsolicited proposal did not satisfy Federal Acquisition Regulation standards. The particular element of Federal Acquisition that the contractor failed to meet is that unsolicited […]

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National Defense Authorization Act

Changes in the 2017 National Defense Authorization Act

For the past 50 years, Congress has passed a National Defense Authorization Act which is designed for budgeting purposes as well as various other provisions that impact a variety of concerns held by the federal government. The 2017 National Defense Authorization Act was signed into law in December 2016 and contains several notable changes to […]

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wire fraud

Man Convicted for Deceiving Four Service Disabled Veterans

A man was recently convicted of four counts of wire fraud and sentenced to 30 months in prison and a $1 million fine in connection with a scheme of recruiting service-disabled veterans as owners of a construction company to receive specific government contracts. The man was also sentenced to one year of supervised release by […]

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Service Disabled Veteran owner dies

What Happens to Some Federal Contracts for Veterans When the Owner Dies

There are various federal contracts owned by particular classifications of individuals including veterans. The unexpected death of a service disabled veteran business owner, however, can leave an individual with numerous questions about how ownership of the contract will transfer. This entry will note some elements about these contracts when the certified owner dies and another […]

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negligent estimates

Recovering from the Government for Negligent Estimates

Are Agencies Responsible for Their Negligent Estimates? Recently, the U.S. Court of Appeals ruled in favor of Agility Defense and Government Services, Inc.’s claim under the Negligent Estimates Theory in government contracting.  In Agility Defense & Government Services, Inc v. U.S., a contractor, Agility Defense, bid on and won a contract to dispose of surplus […]

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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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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)