Training: Public Contracts and Procurement Regulations in Washington

Public Contracts and Procurement Regulations in Washington

When:  Thursday, October 20, 2011 (8:30 a.m. to 4:30 p.m.)

Where:  Seattle, Washington (Washington State Convention Center, 800 Convention Place)

Cost:  $359

Agenda and Instructors:

• Insurance Coverage Issues in Public Works Construction (Todd C. Hayes)

• Public Works Bonding in Washington State (William L. Cameron)

• Current Developments in Public Contracting (William A. Linton)

• Change Orders and Claims (Bruce A. Cohen)

Sponsored by:  Lorman Education Services

More Information and Registration:  Click here.

Mike Purdy's Public Contracting Blog 

� 2011 by Michael E. Purdy Associates, LLC 

http://PublicContracting.blogspot.com

Copyright 2011 by Michael E. Purdy Associates, LLC - http://www.mpurdy.com

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One hell of flashlight for about $20 bucks.

I’ve been meaning to get a new flashlight for some time now and I finally went on to Amazon and got one. It arrived today and it’s amazing. The Dorcy CyberLight has 5 hour runtime, can survive an 8 foot … Continue reading →

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d*s book tour: los angeles event details!

After a week of rain, wind and general storm-craziness, Amy and I are excited to pack our bags for sunny Los Angeles next month. We can’t wait to meet up with those of you in the LA area to celebrate the book release and get our crafting on. I hope you’ll come join us (details...

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Hella Jongerius: Misfit

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Taking a ride on the carousel.

Lily has been really excited to go to the fair this year and tonight was the night. She loved the cows, horses and all the people. Most of all, she loved the�carousel. It was mom’s idea to go for a … Continue reading →

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Jul 10, Small Bathroom Sinks: Rosanna Wall Hung Lavatory

Rosanna Wall Hung Lavatory This small bathroom sink measures 11.9 x 11.9 x 6 inches, and is wall hung to help create additional space in the bathroom.

Source: http://www.diy-bathroom-remodel.com/small-bathroom-sinks-rosanna-wall-hung-lavatory.html

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The RAT Board Begets the GAT Board - Who Could Ask for Anything More?

By John W. Chierichella

On June 13, 2011, the President issued Executive Order No. 13576, entitled “Delivering an Efficient, Effective, and Accountable Government.” Citing
 

• The need to “advance efforts to detect and remediate fraud, waste and abuse in Federal programs,” Section 3(a)
   
• The desire to “eliminate wasteful, duplicative, or otherwise inefficient programs,” Section 1 and
   
• The “innovative technologies and approaches for preventing and identifying fraud and abuse” that purportedly have been developed by the Recovery Accountability and Transparency Board under the Recovery Act (Id.), this most recent Executive Order creates – yes – a new board.
   

To complement the RAT Board that was spawned by the Recovery Act, we now have the Government Accountability and Transparency Board, the “GAT Board.” The function of the GAT Board will be to build “on the lessons learned from the successful implementation of the Recovery Act,” and in so doing the GAT Board will work with the RAT Board to apply the approaches developed by the RAT Board “across Government spending.”

OK. Let’s review the bidding. We already have at least 109 Offices of Inspector General across the Government – 109!  We have OIG’s not only for the major departments and agencies, but such traditionally fraud-ridden instrumentalities as the National Science Foundation, the Denali Commission, the Appalachian Regional Commission, and the National Endowment for the Arts. That’s right – the National Endowment for the Arts. On top of these 109 institutionalized “junkyard dogs,” whose very raison d’être is to detect and remediate fraud, our Government has given us the following army of watchdogs, guardians, enforcers and informers:
 

• The Defense Contract Audit Agency
   
• The Government Accountability Office
   
• The above-mentioned RAT Board
   
• The Cost Accounting Standards Board
   
• The thousands of ACOs, PCOs, TCOs, contracting specialists, Program Directors, and SPOs who populate the contracting functions of our many procuring agencies
   
• The finance and controller functions within each agency
   
• Sarbanes-Oxley
   
• The Department of Justice
   
•  A nameless and faceless legion of would-be private attorneys general eager to retire on the bounty available under the qui tam provisions of the False Claims Act
   
• A mandatory disclosure program that threatens contractors with suspension or debarment should they fail to haul themselves before Torquemada and the Inquisition at the first “credible” sign of impropriety

What does the creation of a new board to fulfill the same functions as those already assigned to those referenced mean? Does it signal an executive determination that these established institutions, offices, programs and personnel are “wasteful”? or “duplicative”? or “inefficient”? Will all or any part of this inefficient infrastructure be eliminated? Will it be downsized? Will the many OIG’s be eliminated, consolidated, or rationalized? Will one Government-wide audit function be created to provide for uniform rules, uniform interpretation of the rules, uniform educational standards and training requirements for auditors, and greater industry-wide predictability of result for everyone? Unless the answers to these and similar questions are uniformly and resoundingly in the affirmative, then the GAT Board is destined to be yet another duplicative oversight element in an inefficient and wasteful Governmental landscape. 

Do we really need another “board”? 

Authored By:

John W. Chierichella
(202)218-6878
jchierichella@sheppardmullin.com 
 

Source: http://feeds.lexblog.com/~r/GovernmentContractsBlog/~3/1LYhtKf0eZs/

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Iona Cheval Mirror by Pinch Design

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CAUGHT BETWEEN A ROCK AND PRETTY SPACE!

Stone walls...I like them...



Rustic charm works well in the these settings. When the rocks or stones are chosen correctly for tone and texture, feature walls like these can be a chic design...

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The McGuire?s Demise Throws Caution to Third-Party Review

  Well, its finally time. After more than a year of debate and�extensive coverage here�on Builders Counsel, the�McGuire has already begun demolition. The product of a�rather interesting legal dispute, has finally met its end. Another failure of the third-party inspection system? What do we do now!? Recently, I walked by the end product. Today the [...]

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Federal Construction Contract Claims Must be Evaluated Fairly

By: Michael H. Payne

The growth of contracting by negotiation or “best value” procurement, has had a chilling effect on the submission of claims by construction contractors. There seems to be a growing fear that claims are frowned upon by contracting officers and that they will be counted against a contractor during future proposal evaluations. This fear, in my opinion, is misplaced provided that the claims are not frivolous and are technically and legally supported.

The Contract Disputes Act of 1978, 41 U.S.C. § 601 et. seq., requires contractors to certify that claims in excess of $100,000 are “made in good faith,” that all “supporting data are accurate and complete to the best of [the contractor's] knowledge and belief,” and that the amount requested “accurately reflects the contract adjustment for which the contractor believes the government is liable.” 41 U.S.C. § 605(c)(1). A contractor who is willing to make that certification should not be denied the opportunity to recover the additional costs, or time, that the contract and the law specifically allow. There are a number of clauses in federal construction contracts, including “Changes” (FAR 52.243-4), “Differing Site Conditions” (FAR 52.236-2) “Suspension of Work” (FAR 52.242-14) “Termination for Convenience” (FAR 52.249-2), etc., that afford contractors with the right to seek an equitable adjustment to the contract. These clauses apply to sealed bidding and negotiated procurements alike, and the fear of retribution on proposal evaluations should not be used to deny contractors the very rights that the contract and the law provide.

It is also important to note that contracting officer’s are required to deal with claims fairly, and there is a duty of good faith and fair dealing in government contracting. As the U.S. Court of Federal Claim noted in Lavezzo v. United States, a contracting officer is obligated to “put his own mind to the problems and render his own decisions.” Such decisions must be “personal [and] independent,” and “even the appearance of coercion [must] be avoided.” 74 Fed.Cl. 502, 509 (2006). In addition, a Contracting Officer's outright denial of meritorious contractor claims to gain some advantage over the contractor will not be condoned by the Court. In other words, a contracting officer's review of certified claims submitted in good faith is not intended to be a negotiating game where the agency may deny meritorious claims to gain leverage over the contractor. Moreland Corp. v. U.S., 76 Fed.Cl. 268 (2007). Contractors are legally entitled to submit claims, to have those claims fairly and impartially reviewed, and contractors are entitled to do so without fear of the impact on future source selections.

Michael H. Payne is the Chairman of the firm's Federal Practice Group and, together with other experienced members of the group, frequently advises contractors on federal contracting matters, including teaming arrangements, negotiated procurements, bid protests, claims, and appeals.

Source: http://feeds.lexblog.com/~r/FederalConstructionContractingBlog/~3/HGUwU6-VUBs/

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Aug 23, Bathroom Space Savers: Bamboo Over-The-Sink Shelf

Bamboo Over-The-Sink Shelf Ever get frustrated with a sink that is extremely cluttered and crowded with hand soaps, glasses and toothbrushes from left

Source: http://www.diy-bathroom-remodel.com/bathroom-space-savers-bamboo-overthesink-shelf.html

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Can Volunteers be Used on a Public Works Project?

Can volunteers be used on a public works project?  

Based on a August 17, 2011 blog entry of mine reporting on an audit finding by the Washington State Auditor's Office against the Town of Eatonville performing volunteer labor on a fire station, the answer would seem to be "no."

Auditor Discloses New Information:  However, after my blog entry was published, the Municipal Research and Services Center (MRSC) decided to look into the details of the audit finding.  With additional information disclosed to MRSC by the auditor, it became clear that the reason for the finding is that the "volunteers" were not really true volunteers, but were paid a stipend.

MRSC's Research:  After research by John Carpita, MRSC's Public Works Consultant, who coordinated with the State Auditor's Office, John wrote the following to me on what he learned.  

Below is John Carpita's report on his communications with the State Auditor's Office, and MRSC's advice regarding the use of volunteers.

MRSC's Report:  The finding cited several violations of bid laws, but mainly the failure to contract out the work because the project exceeded the Town?s bid limits.

What is a Cost to the Agency?  The finding was surprising, as MRSC has advised for a very long time that the use of bona fide volunteers and donated materials and equipment is not a cost to an agency per the definition of public works in RCW 39.04.010 and (in this case) RCW 35.23.352. RCW 35.23.352 says that the Town must bid if the cost is over the bid limits shown.  In the case mentioned in this finding, we would have asked how much the total estimated cost is and deducted the value of the labor and other donations.   If the remainder were less than the bid limit, we would have suggested they get 2-3 quotes for the materials or whatever else they needed.  If over the bid limit, then we would have said to either seek bids or absolutely get 2-3 quotes.

Volunteers Were Paid a Stipend:  We (MRSC) requested clarification from the State Auditor's Office. Emmaline Hoffmeister, Assistant Audit Manager, noted (which was not reported in the finding) that the volunteers were paid a stipend for their work, which was a cost to the Town.  Therefore the volunteers were not true volunteers and thus the project was indeed in violation of the bid laws.  Emmaline further confirmed that had there been no stipend paid, there would have been no finding as the actual cost to the Town (for materials and equipment) would have been less than the bid limit.

When Donations Are Acceptable:  Donations of labor, materials, and equipment to accomplish a public works project are acceptable, provided:

1. Develop overall cost estimate without donations.
2. Estimate value of all bona fide donations (bona fide = no cost to agency). 
3. Subtract donation value from estimated cost.
4. If difference is less than the agency bid limits, we (MRSC) recommend 2-3 quotes for additional contracts for labor, equipment, or materials.
5. If difference is more than the agency bid limits, you must get quotes for additional contracts for labor, equipment, or materials, using the small public works roster OR seek competitive bids for the same.? 

Mike Purdy's Public Contracting Blog 

� 2011 by Michael E. Purdy Associates, LLC 

http://PublicContracting.blogspot.com

Copyright 2011 by Michael E. Purdy Associates, LLC - http://www.mpurdy.com

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Who's In Charge? The GAO, the FAR Council, and Jurisdiction Over Task Order Bid Protests

By W. Bruce Shirk

We’ve previously complained about the FAR Council’s tendency to take too much time to issue rules that entail consideration of complex subject matter, as indicated, for example, by the 13 years during which the Council dallied before issuing final rules for commercial off the shelf items, discussed here.  Recent events suggest, however, that there may be good reason for the Council’s dilatory behavior because, as it turns out, when the Council does move quickly in response, say, to a legislative change, it tends to come up with the wrong answer.
 

On July 5, 2011 the Council issued an interim rule addressing GAO’s jurisdiction to hear defense and civilian agency protests against award of task or delivery orders in light of FY 2011 National Defense Authorization Act provision extending GAO’s jurisdiction to hear protests against the award of task orders by DoD or NASA to September 30, 2016, with the limitation that the orders must exceed $10 million in value or expand the scope, period, or maximum value of a contract. See 76 Fed. Reg. 39,232 (July 5, 2011).  The interim rule specifies the GAO’s jurisdiction to hear such protests but, noting that Congress didn’t get around to extending the same authority to GAO vis-à-vis task orders issued by civilian agencies, also indicates that GAO has no jurisdiction to do so.  

The problem (well, “a” problem) with the Council’s action in issuing this interim rule is that on June 14 - some three weeks before the Council issued its interim rule - the GAO issued a well-reasoned decision addressing the question of its jurisdiction and found that its original jurisdiction to hear protests of task order awards by civilian agencies had been restored gloriously to life, courtesy of Congress’ failure to extend the applicable sunset provisions or, for that matter, to address them at all.  See Technatomy Corp., B-405130, 2011-2 CPD ¶ 107 (June 14, 2011). 

Now, all of this would be merely amusing if it weren’t for the nature of “interim” rules, i.e., they are effective when issued.  In other words, the FAR Council has created a set of circumstances which are at best inopportune for the contracting community and which, if not eliminated, will cause uncertainty and likely lead to increased litigation costs as protestors and intervenors spar over the extent of GAO’s jurisdiction to hear protests of task order awards by civilian agencies.

The Council should act promptly to revise its interim rule to be consistent with the GAO decision. After all, the GAO has pointed the way, and there is little danger this time that moving quickly will result in the wrong answer.

Authored By:

W. Bruce Shirk
(202) 741-8426
bshirk@sheppardmullin.com 

Source: http://feeds.lexblog.com/~r/GovernmentContractsBlog/~3/5mGeFHsUtug/

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Senate Bill Introduced to Combat SBA Fraud

By: Edward T. DeLisle

Senator Olympia Snowe, R-Maine, introduced a bipartisan bill on Thursday that is designed to combat fraud and abuse in the world of small business contracting. As we have reported, the General Accounting Office (GAO) has issued a number of reports over the last several years detailing the existence of fraud in the HUBZone, Service-Disabled, Veteran-Owned Small Business (SDVOSB) and 8(a) programs. These reports have generated much discussion about the need to revamp the system and, in certain circumstances, talk has led to action. The implementation of the current SDVOSB verification system is but one example of the government’s response to the current state of affairs. S. 633, entitled the “Small Business Contracting Fraud Prevention Act of 2011” (Fraud Prevention Act), is designed to take the government’s ability to respond to fraud and abuse in small business contracting to a new level.

As reported by Law360, the Fraud Prevention Act contains three key provisions:

     1. It calls for the development of an oversight structure within the Small Business Administration (SBA) that would allow for better enforcement of the rules governing small business contracting;

     2. It would allow for an increase in criminal prosecutions, suspensions and debarments for those who violate the rules; and

     3. It would require the SBA to issue annual reports to Congress regarding those who are suspended, debarred or referred to the Department of Justice for prosecution.

S. 633 is yet another step to close the loopholes that have developed in the federal government’s small business contracting system. We will track this legislation and report any further developments.

Edward T. DeLisle is a Partner in the firm and a member of the Federal Contracting Practice Group.

Source: http://feeds.lexblog.com/~r/FederalConstructionContractingBlog/~3/Nbe7LiL0GKY/

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COLOR WATCH: COCOCOZY SUMMER STYLE BOARDS!

Simple lines, clean and fresh...teal and blue shades...summer inspired decorating! (above)
I love summer.  Flowers, sky, water, grass, trees all inspire my summer decor style.   Here...

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Getting Specific About FCPA Compliance

On April 8, 2011, the U.S. Department of Justice announced that it had reached a settlement with Johnson & Johnson and its subsidiaries for Foreign Corrupt Practices Act violations. Compared to prior FCPA settlements, the DOJ elaborated much more specific compliance measures that it expected Johnson & Johnson to take as part of the settlement.  When considered together with the decline in the number of corporate compliance monitors assigned since late 2010, the Johnson & Johnson settlement may signal that the DOJ is considering the use of enhanced compliance requirements in lieu of independent compliance monitors, even in some cases involving companies with multiple FCPA violations.

Click here to read the full article -Getting Specific About FCPA Compliance - written by Scott Maberry, Thad McBride, Mark Jensen and Corey Phelps, that was recently published by Law360 on June 29, 2011.

Source: http://feeds.lexblog.com/~r/GovernmentContractsBlog/~3/GrSGX0DONL0/

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The Time to File a Bid Protest

By: Michael H. Payne

The GAO requires, as provided in 4 CFR 21.2, that:

(a)(1) Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In procurements where proposals are requested, alleged improprieties which do not exist in the initial solicitation but which are subsequently incorporated into the solicitation must be protested not later than the next closing time for receipt of proposals following the incorporation.

(2) Protests other than those covered by paragraph (a)(1) of this section shall be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier), with the exception of protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held.

Of course, filing a GAO protest may not achieve any meaningful relief unless the project is stayed pending resolution of protest. In this regard, FAR 33.104(c) provides that "When the agency receives notice of a protest from the GAO within 10 days after contract award or within 5 days after a debriefing date offered to the protester for any debriefing that is required by 15.505 or 15.506, whichever is later, the contracting officer shall immediately suspend performance or terminate the awarded contract," except when the interests of the United States will not permit waiting for a GAO decision. The key here is that, in a negotiated procurement, the agency must have received notice from the GAO within five days after the debriefing. That means that the protest needs to be filed as quickly as possible after the debriefing in order for there to be any realistic possibility that the GAO will notify the agency in time. In our experience, when agencies receive notice even one day late, they will refuse to impose a stay.

The rigid timeliness requirements of the GAO often lead protesters to file bid protests in the United States Court of Federal Claims where there is no 10-day, or 5-day, time limit, and where a debriefing is not a prerequisite to filing a protest on a negotiated procurement. The downside, however, is that the Court does not grant an automatic stay and a protester must file a motion for a temporary restraining order in order to halt further performance pending resolution of the protest. In our experience, the government frequently agrees to voluntarily stay performance once the protest is filed (often at the urging of the judge) and a TRO hearing is not always required.

It should also be noted that if a protest involves a matter that should have been raised prior to bid opening, or prior to the date for receipt of proposals, such as a challenge to the terms of the solicitation, a protest filed after award will be dismissed as untimely. The Court of Appeals for the Federal Circuit has held that “a party who has the opportunity to object to the terms of a government solicitation containing a patent error and fails to do so prior to the close of the bidding process waives its ability to raise the same objection subsequently in a bid protest action in the Court of Federal Claims.” (See Blue and Gold, 492 F.3d 1308). Accordingly, contractors should consult with legal counsel to be certain that all of the procedural requirements of a protest have been met.

Michael H. Payne is the Chairman of the firm's Federal Practice Group and, together with other experienced members of the group, frequently advises contractors on bid protests and federal construction matters.

Source: http://feeds.lexblog.com/~r/FederalConstructionContractingBlog/~3/csxynvoNC4Y/

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10 Ways To Waste Your B&P

By John W. Chierichella

B&P is a precious resource, a pool of investment dollars. Used wisely, B&P can perpetuate one’s existing position in the market, grow existing product lines, and expand into new fields of endeavor. The prudent use of B&P can be the difference between achieving short, intermediate and/or long term business goals and failing to do so. All too often, however, companies can fall into patterns of conduct that effectively vitiate that investment.
 

Some common traps to avoid on the road between the decision to pursue a solicitation and the award of a contract include the following:
 

1. Rely on what you hear and read at “Industry Day” meetings and pre-solicitation conferences –  These statements are, to be sure, well-intentioned and probably reflective of the speakers’ actual, then-current mind sets, but they are irrelevant if contradicted by the words of the solicitation.
    
2. Believe all that “back channel” communication about what the Government “really wants” –  However important and well-informed that source is, if the “chatter” does not mesh with the words of the solicitation, reliance on it is folly. So, if your source tells you that this is going to be a “price shoot-out” but the RFP says that “Technical” is the most heavily weighted factor, believe the RFP.
    
3. Regard ambiguity as your friend –  A court may interpret an ambiguous contract terms against the party that drafted it, but neither the GAO nor the COFC will apply that rule in the context of a bid protest. If you have any doubt what an RFP provision means, ask.
    
4. Be afraid of insulting the customer by asking for a written answer – If you are going to ask, ask in writing and expect a written answer. You cannot – C-A-N-N-O-T – rely with any confidence on oral advice regarding the interpretation of terms and conditions of the RFP. There are two very simple reasons for this – (1) it is the law, and (2) it is the law because private, unilaterally communicated guidance regarding the agency’s intentions is inherently unfair to other offerors.
    
5. Limit the number of questions you ask – Obviously, you should not be asking foolish questions, but there is some merit to the adage that “The only foolish question is the one you don’t ask.” You should scrub the RFP using a multiplicity of disciplines, including Legal, to identify gaps, inconsistencies, ambiguities, informational deficiencies, and changes you would like. Then ask, in writing. There is no need to limit the number of requests for information that could legitimately affect the structure or composition of an offer. If the Government wants you to spend time and money responding to an RFP, the least it can do is provide a clearly written and unambiguous solicitation. Make sure it does so.
    
6. Only ask questions for which you do not know the answer – Sometimes a question by an incumbent can be used to educate uninitiated and uninformed competitors about problems they will confront in performance that might not jump off the pages of the RFP. Since the question and answer will be published to all offerors, this kind of question serves to communicate a risk to the competitors of which you are already aware and for which you will be making allowances in your pricing. The Q&A may well have the effect of motivating them to price that risk in their offers when they otherwise might have been oblivious to the risk and offered a lower price.
    
7. Rely on your reputation – This has been the downfall of many an incumbent. Warmed by the glow of the hearty reception that its performance has received from the customer, the incumbent all too often forgets that the award is based on an evaluation of this proposal against these evaluation criteria. You do not know who the evaluators are going to be or what knowledge they bring to the table, but, in any event, their duty is to evaluate the contents of the proposal, not your press clippings.
    
8. Be intimidated by the prospect of customer backlash to a protest – Of course it happens, but it is not supposed to, it happens far less than contractors fear, and it happens even less in the context of protests against the terms of an RFP, as opposed to protest against an award. Unless the RFP has been jiggered to favor a particular offeror (which, of course comes under the heading of “wrong” and should be protested), the likelihood that a reasoned protest against the terms of an RFP will incite Government ire and retaliation is relatively small. In fact, an early protest against the terms of the RFP gives the agency the opportunity to take corrective action and keep the procurement on schedule.
    
9. Bide your time –  If you cannot get answers to your questions about the RFP, if the agency refuses to modify the T&C’s that you regard as unfair or inappropriate, just wait until the award to see if you were damaged in the process. Why protest until it becomes clear that you need to spend that money on legal fees? “All things come to he who waits” and among those things are frustration, disillusionment, and the sure and swift dismissal of your untimely protest. If the problem is there on the face of the RFP you must protest before the date set for receipt of initial offers.
    
10. Regard an agency level protest as an adequate response to a defective RFP – This is a corollary to Rule No. 8 and Rule No. 9. The agency level protest is the contractor’s hedge against an adverse customer relations response to a protest – “If I keep it private, the customer will appreciate my discretion.” True in many cases, but with risk. The receipt of offers against the RFP notwithstanding the pendency of an agency level protest is regarded as “initial adverse agency action” on your protest. That adverse action triggers the time within which you must elevate your protest to the GAO or elect to put all your protest eggs in the agency protest basket. Fail to do so within ten days and, when the agency denies your protest, you will find access to the GAO barred by its timeliness rules. A hint here – if the agency has not granted your protest against the RFP by the time offers are due, it is pretty darn likely you have not persuaded it to change the solicitation.

Authored By:

John W. Chierichella
(202)218-6878
jchierichella@sheppardmullin.com 
 

Source: http://feeds.lexblog.com/~r/GovernmentContractsBlog/~3/Up5DQxod4bw/

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Aug 15, Bathtub Grab Bars: Moen Polished Brass 18-Inch Grab Bar

Moen Polished Brass 18-Inch Grab Bar Most families recognize the importance of having a safe and sound living at home. Since households mostly acquire

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Who Is To Blame For Defective ? And Still LEED Certified ? Courthouse Square?

  Remember Courthouse Square? I sure do. We have talked about the closed and evacuated LEED certified building a couple of times here on Builders Counsel. Well, its back in the news. This time building professionals are pointing fingers – but there is some talk about a fix. Still, its LEED certification remains. If you [...]

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Terminology Differences Between a "Bidder" and an "Offeror"

By: Michael H. Payne

Government contractors frequently use incorrect terminology to describe a solicitation. For example, clients often call me and ask why they were not awarded a contract even though they had submitted the lowest bid. The first thing that I ask is whether the solicitation was a Request for Proposals ("RFP"), or an Invitation for Bid ("IFB"). If it was an RFP, the award was probably based on best value and the lowest-priced proposal would not necessarily receive the award. If the solicitation was an IFB, there would be more of a question about why an award was not made to the lowest-priced bidder. Of course, even in sealed bidding the lowest bidder must also be responsive and responsible in order to receive an award, so there can be a valid reason as to why the lowest bidder did not receive the award.

The best way to show that you understand the basics of the federal procurement process is to remember that responses to an IFB (sealed bid solicitation) are referred to as "bids," and responses to an RFP (negotiated procurement) are referred to as "proposals" or "offers." In other words, the proper terms under an IFB are "bid," "bidder," and "sealed bid," and the proper terms under an RFP are "proposal," "offer," and "offeror." Your lawyer will become very confused if you mix these terms by saying, for example, "I just submitted a bid on an RFP." Sometimes, the only way that I can figure out what my client is talking about is to ask for the solicitation number (the "R" or the "B" in the middle will be a dead giveaway), or I may simply ask my client to send me a copy of the solicitation.

Of course, government procurement personnel frequently add to the confusion. RPPs are often referred to as "negotiated procurements" even though there usually are no negotiations (or "discussions"), and contracting officers often refer to both bids and proposals as "bids," To make matters worse, the GAO and the courts refer to protests of either an IFB or an RFP as "bid protests." No wonder there is so much confusion.

Michael H. Payne is the Chairman of the firm's Federal Practice Group and, together with other experienced members of the group, frequently advises contractors on federal contracting matters, including teaming arrangements, negotiated procurements, bid protests, claims, and appeals.

Source: http://feeds.lexblog.com/~r/FederalConstructionContractingBlog/~3/VzZQwwW3wq8/

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Free Training on Federal (Davis-Bacon) Prevailing Wages

Davis-Bacon Wage Rates Prevail (or Do They)

When and Where:

• September 7, 2011 (Renton, Washington)
• September 15, 2011 (Olympia, Washington)
• September 21, 2011 (Yakima, Washington)
• September 27, 2011 (Everett, Washington)

Schedule:  10:00 a.m. to 2:30 p.m.

Instructors:

• Donna M. Hart, U.S. Department of Labor
• Laura Herman, Washington State Department of Labor and Industries

Sponsored by:

• Contract Administration Subcommittee (CASC) of American Public Works Association
• Municipal Research and Services Center (MRSC)

Cost:  Free

Information and Registration:  Click here.

These classes fill up quickly so register as soon as possible.

Mike Purdy's Public Contracting Blog 

� 2011 by Michael E. Purdy Associates, LLC 

http://PublicContracting.blogspot.com

Copyright 2011 by Michael E. Purdy Associates, LLC - http://www.mpurdy.com

Source: http://feedproxy.google.com/~r/MikePurdysPublicContractingBlog/~3/QrnVeVdTR2E/free-training-on-federal-davis-bacon.html

building contractor remodel

SEE THIS HOUSE: $25 MILLION NYC PARK AVENUE PENTHOUSE!

After spending a week in NYC for the New York International Gift Fair showing the COCOCOZY collection to press and buyers, I've decided I could definitely live in New York...my problem is that I think I could definitely live in New York leading a very glitzy life.

During the week after being on our feet all day, we had dinners at Locanda Verde, drinks at the Carlyle Hotel's Bemelman Bar, dinner at Balthzar and were whisked around in a gorgeous Mercedes AMG 65 by my sister's driver KL (for some reason on the fourth day we were there and when my sister arrived to town, KL the driver, switched from driving us around in a normal Toyota van to this oh so fancy car (he says there are only 7 of them in the city))!  It was quite a nice...we were so exhausted after working all day...it was a much needed treat to be spoiled just a bit.

So all of this whisking made me think...I could live in New York if I lived "a certain way".  Hence this post...with a $25 million dollar Park Avenue penthouse apartment.

Not quite clear how big this apartment is all I know is that it is listed by Sotheby's International Realty for $25 million!  25 MILLION DOLLARS???  Oh my my my.

5 bedrooms, 5 baths in a prewar Park Avenue building with views of Manhattan from all sides.  Here's how Sotheby's describes this listing:

"A dramatic marble gallery leads to a large living room with fireplace, a dining room with bar/butler's pantry, a fully equipped media room, full bath & office/guestroom. Access the large entertaining/dining terrace from every room. Large solarium style gourmet eat-in kitchen with staffroom/bath and laundry rooms. Family room leads to a master suite with luxurious bath, fireplace, and private terrace. Bedroom wing also include 3 large bedrooms with terraces and two baths. Creston system for automated climate control, humidification, shades, lighting and audio visual equipment, three private elevator landings, custom Euro-windows/doors and skylights, wide plank white oak floors, Venetian plaster walls, large closets and 10 foot ceilings"

Hmmm....I think this would work for me...I think...

Black lacquer den with red velvet upholstered sofa and club chairs - very New York!(above)

Love the graphic rug in this room that appears to be a study or home office of some sort. (above)

An oval window and a fireplace in the master bedroom! (above)

Would of course do some tweaking with the decor and put my own stamp on the place...but if someone wanted to give me this apartment...I certainly would not refuse it!

What do you think?  Would you take it or leave it?  Yes to penthouse living in New York or would you stay where you are?

I would say though...I just got home last night from two weeks of traveling.  To my surprise, I was actually thrilled to see my little tiny humble cottage in the Hollywood Hills...if you can believe it was just as lovely to me as this apartment.  I am always complaining about the size of my house but after two weeks away, I was very happy to be home...home sweet home as they say.

Happy Thursday!

xo
Coco

Source: http://feedproxy.google.com/~r/cococozy/zOlp/~3/0uMwxbnm-vg/see-this-house-25-million-nyc-park.html

building contractor remodel