Monday, September 21, 2020

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Agency Need Not Conduct Discussions Concerning Aspect of a Proposal that Was Not a...

Protest challenging agency’s conduct of discussions and technical evaluation is denied. The protester alleged the agency failed to conduct meaningful discussions because it did not advise the offeror about the lack of security enhancements in its proposal. Agencies, however, are only required to raise significant weaknesses or deficiencies in discussions. The protester’s lack of security […]
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PPP Loan Forgiveness Checklist

Morrison Foerster – The Paycheck Protection Program (PPP), which is part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, provides aid to qualifying small businesses in the form of loans with terms favorable to borrowers, including, in particular, provisions that allow potentially the entire loan amount to be forgiven if the proceeds are spent […]
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GAO Signals More Demanding Approach to Corrective Action Dismissals

Blank Rome – About a third of U.S. Government Accountability Office (“GAO”) protests end because an agency decides to take voluntary corrective action. (This is evidenced by the ~30 percent difference between GAO’s “Sustain” rate and “Effectiveness” rate.) While it is considered a “win,” voluntary corrective action can be frustrating for protesters who may have […]
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When Politics and Procurement Mix, The Effects Can Be Deadly

As the national response to the pandemic and associated economic crisis continues to unfold, it is becoming increasingly clear that we are again in territory where politics meets procurement. And that should be a concern for every American. More at Government Executive
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Why the Pentagon’s JEDI Saga Is Far From Over

On September 4, the Defense Department awarded Microsoft its Joint Enterprise Defense Infrastructure  cloud contract for a second time, concluding—amid a legal protest filed by Amazon Web Services—that Microsoft’s bid again represented “the best value to the government.” Yet JEDI remains under a court-ordered injunction first issued in April, shelving any work under the contract until […]
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“La biblioteca de Babel”: GAO Sustains Protest Challenging Library of Congress’ “Brand-Name-and-Equal” Solicitation; Mythics,...

Protest challenging the terms of a solicitation is sustained. The protester asserted that the solicitation contemplated a brand-name only procurement, but the agency had...

Protester Not an Interested Party to Challenge Agency’s Tiered Evaluation; Bluewater Management Group, LLC,...

Protest alleging that agency was conducting an improper sole-source procurement is dismissed due protesters lack of interested-party status. The solicitation contemplated a tiered evaluation in which the agency would first evaluate offers from SDVOSB’s, then VOSBs, and—if there were no acceptable SDVOSBs or VOSBs—from other small business concerns. The agency received proposals from offerors in […]
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Business Not Affiliated with Subcontractor Despite Earning Majority of Receipts from that Subcontractor; Size...

Appeal of size determination finding that awardee qualified as  a small business is denied. The protester alleged the awardee’s subcontractor would be performing the vital and primary functions of the contract in violation of the ostensible subcontractor rule. The record, however, indicated that the awardee would be self-performing the vital functions of the contract and […]
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Made of Steel – New Buy American Act Rules Change Analysis and Increase Barriers...

Crowell & Moring – Nearly 8 months after the deadline, the FAR Council has issued a proposed rule to implement E.O. 13881 (July 15, 2019) requiring consideration of increasing both the domestic content requirement under the Buy American Act and the associated price preference provided to domestic products. The proposed rule will do both and […]
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Now There’s Something You Don’t See Every Day: A Subcontractor Intervening in a...

By Patrick R. Quigley & Aron C. Beezley of Bradley Arant Boult Cummings Fans of the classic 1960s cartoon series Rocky and Bullwinkle may recall two minor characters, Chauncey and Edgar, who commented on the action by saying something like this: “Now there’s something you don’t see every day, Edgar.” “What’s that, Chauncey?” And then […]
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