Describe and distinguish key government contracting principles
Government Procurement Law in the field of Procurement and Acquisitions Managmenet
Essay Question #1:
You work with a Government agency managing several large defense contracts. On one of these contracts with a contractor named ATI, an issue has arisen concerning the allowability of certain ATI incurred and invoiced costs. ATI’s contract is a cost plus award fee contract. The specific costs in question involve some $50,000 in costs running the ATI fitness center at the ATI main business campus. Additionally, ATI paid $500,000 to a political action committee (PAC) which supports legislative initiatives for defense contractors. Finally, ATI incurred and invoiced the Government $1.5 million for its legal fees associated with a proceeding brought against it by the local U.S. Attorney’s Office for an alleged violation of the False Claims Act under 31 U.S.C. 3730. This False Claims act matter was ultimately resolved and settled through a consent decree between the parties. Before he visits the local DCAA auditor for guidance on what actions to take, your boss want you to prepare an essay advising him on whether any of these three sums are allowable under the FAR.
Essay Question #2:
Vandy Inc.’s CEO was particularly proud of his firm’s work supporting Special Agent Tom Know-it-All and the FBI in a recent sting operation. In fact, Vandy Inc. had provided numerous supplies and services to the FBI to assist it with its operations. Unfortunately, it now appears that Special Agent Know-it-All was not authorized to retain the services of Vandy Inc. despite Agent Know-it-All’s previous assurances to the contrary. Vandy is now out $5000.00 and desires to be reimbursed for its costs plus a reasonable profit for supporting important and dangerous undercover work. Will Vandy Inc. get paid by the FBI? Remember to fully articulate your rationale to support your conclusion.
Essay Question #3:
Innovative Concepts believed that it had a great idea to assist the United States Navy with its military operations in the Pacific. Accordingly, it proceeded to set up a meeting with Navy Commander Strithers to further explore its concept. Both the Navy and Innovative Concepts met several times over the following several months resulting in the submission of a proposal from Innovative to the Navy. On the other hand, Drawn-out LLC believes the Navy should be competing this critical Navy requirement and is now contemplating the submission of a GAO Protest to stop the Navy from proceeding and awarding a contract to Innovative Concepts. If you were advising the Navy, what steps would you counsel its Contracting Officer to take and why? Would you allow the contract to be awarded to Innovative Concepts?
Essay Question #4:
The Department of the Navy issued a request for proposal (RFP) to obtain a cost type contract for services to help operate one of its satellite control centers. The RFP also stated that the contract was to be awarded to the offeror giving the Government greatest confidence that it would best meet the requirements in an affordable manner. The RFP evaluation criteria included factors such as mission capability and program management along with proposal risk, cost/price, and past performance. After the receipt of four proposals, the Navy Contracting Officer sent various evaluation notices (EN’s) to all of the contractors requesting additional information from them regarding proposed subcontractor past performance information. This additional past performance data, among other things, allowed the Navy to complete a “Most Probable Cost analysis” for one of the offerors and therefore make an award without discussions to that contractor based on its lower overall cost and value consistent with the evaluation criteria. Not surprisingly, the other three disappointed contractors have now protested this award claiming that the Navy violated applicable law and regulations by actually conducting discussions with the winner and not with them. Your boss has now asked you to provide an essay advising him as to whether the protesters are correct.
