Friday, November 26, 2021

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10 States Sue Centers for Medicare & Medicaid Over COVID-19 Vaccine Mandate for Healthcare...

Jackson Lewis – On November 10, 2021, 10 states led by Eric S. Schmitt, the attorney general of the State of Missouri, filed a lawsuit in the U.S. District Court for the Eastern District of Missouri seeking a declaratory ruling, as well as preliminary and permanent injunctions enjoining CMS from imposing the IFR’s mandate. Alaska, […]
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New Executive Order Seeks to Reduce Worker Turnover on Service Contracts 

This is one of several efforts by the Biden administration to use federal procurement and contracting to advance equity and its other priorities. More at Government Executive
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Congressional Republicans Attempt to Overturn OSHA Vaccine Rule 

“These resolutions each have a large number of cosponsors, suggesting that they are being used for signaling purposes despite very low odds of enactment,” said one observer. More at Government Executive
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Audit: North Dakota Firm Was Properly Awarded Wall Contract

The Defense Department’s internal watchdog said its investigation into a $400 million border wall contract found it was properly awarded to a North Dakota firm whose owner used multiple appearances on Fox News to push for the job. Read the full post at Federal News Network
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Awardee Should’ve Notified Agency When Key Person Became Unavailable; Ashlin Management Group, GAO B-419472.3,...

Protest alleging that awardee’s proposal was unacceptable is sustained. The protester contended the awardee failed to notify the agency when one of its proposed...

Claimant’s Suit, Filed Nine Years After Claim Was Denied, Is Barred by CDA’s Statute...

COFC decision dismissing contractor’s suit as untimely is affirmed. The contractor submitted a claim to the government, which was denied. Nine years later, the contractor filed suit in the COFC. The COFC dismissed the suit, finding it was barred by the CDA’s statute of limitations. The Federal Circuit affirmed, holding that a suit challenging the […]
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Proposal Undone by Vague Description that Lacked Specifics; Platinum Business Services, LLC, GAO B-419930

Protest challenging evaluation of proposals is denied. The protester complained that it had been penalized for not addressing a certain topic in its proposal when it had in fact devoted a whole proposal section to that topic. GAO, however, noted that the section on this topic was vague with business buzzwords that lacked specifics. The […]
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Bellwether Military Earplug Verdicts Underscore Importance of Establishing the Government-Contractor Defense

Husch Blackwell – In the most recent round of the long-running litigation over hearing protection supplied by manufacturing giant 3M and used by U.S. Military personnel from 2002 until 2015, Plaintiffs have obtained large verdicts in 3 out of 4 bellwether cases against 3M. Read the full post at Husch Blackwell
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Records in Bid Protest Become More Complete – COFC Sanctions the Government for AR...

By Richard Arnholt of Bass Berry & Sims In an opinion first publicly released on November 3, the Court of Federal Claims (COFC) took the somewhat usual, but not unheard of, step of sanctioning the government for mishandling the administrative record (AR) in a bid protest. Contractors can take heart that COFC will hold the […]
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OFCCP Publishes Proposal to Rescind “Problematic” Trump Administration Religious Exemption Rule

Jackson Lewis – Dating to 2017, the administration of former President Trump took steps to ensure the religious freedoms of employers in the face of what the administration perceived as curtailments of those freedoms, including by OFCCP.  Those efforts culminated in the final Rule to clarify the contours of the EO 11246 religious exemption. OFCCP stated […]
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