Monday, January 25, 2021

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Biden’s Pentagon Ready To Take Hard New Look At Navy Plans

The Trump administration’s belated – and very expensive – plans to reinvent the Navy are about to get a scrubbing by the Biden team. More at Breaking Defense
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Breach Claim in COFC Suit Not Barred by Contractor’s Defenses in Related Patent-Infringement Case...

Motion to dismiss contractor's claim is denied. The contractor alleged the government had breached a research collaboration agreement by (1) not notifying the contractor...

Agency Not Required to Inform Offeror that Its Price is High Unless the Price...

Protest objecting to conduct of discussions is denied. The protester asserted discussions were not meaningful because the agency did not inform the company that its price was high. But an agency only has an obligation to raise price in discussions if the price is unreasonably high. Here, the protester’s price was high but not unreasonably […]
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COFC Finds Protest “Misfired Badly” on Its Merits Allegations; Mitchco International, Inc. v. United...

Protest challenging award of food services contract to a state agency under the Randolph Sheppard Act is denied. The Randolph-Sheppard Act gives priority to state agencies for award of contracts that will be performed by blind persons. The protester alleged in various ways that the awardee was not an eligible agency for Kentucky. The court, […]
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A Bridge Too Far That Should Draw Greater Concern? An Uptick in the Award...

Venable – In an ideal world, federal agencies would never issue a “bridge contract”—a short-term contract that covers performance during the period between planned contract awards. In reality, however, circumstances often require agencies to act to prevent a disruption of services necessary to complete their varying projects and missions when faced with a bid protest […]
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Federal Circuit Confirms DoD Contractor’s Expanded Restrictions on Non-Government Parties Rights in Data

By Todd Overman of Bass Berry & Sims Last month, the U.S. Court of Appeals for the Federal Circuit’s (Federal Circuit) opinion in The Boeing Co. v. Secretary of the Air Force shed additional light on the technical data rights of contractors under defense contracts. The decision hinges on the fact that technical data provided by […]
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Executive Order Prohibiting Bias Training? Ignore That. DoD Issues Class Deviation to Comply with...

Crowell & Moring – On January 6, 2021, the DoD issued a class deviation, effective immediately, to implement the nationwide court order enjoining Sections 4 and 5 of Executive Order (EO) 13950, Combating Race and Sex Stereotyping, as well as guidance provided by the Office of Federal Contract Compliance Programs (OFCCP). EO 13950 prohibits federal […]
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8(a) Term Extension Questions and Details

Koprince Law – Since the COVID-19 Relief Bill passed was enacted on December 27 (including the 8(a) term extension that we discussed earlier), the 15-day window for SBA’s rules on the extension falls on January 11. Here are some thoughts on how we think SBA may fill in the gaps for this important 8(a) term […]
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Biden Administration Will Face Defense Acquisition Challenges

The Biden administration will have a lot to contend with when it comes to defense acquisitions, including adversarial investments and cybersecurity weaknesses in the industrial base, predicted Ellen Lord, the department’s appointed head of acquisition in the previous administration. Lord noted that China had announced more than $14 billion in investments, mergers, and acquisitions in […]
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Pentagon Tackling Adversarial Capital with New Trusted Marketplace

The Pentagon recently launched what it calls a “trusted digital marketplace” that officials hope will deter adversarial investment in the defense industrial base, said the Pentagon’s chief weapons buyer Jan. 13. More at National Defense Magazine
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