Sunday, September 27, 2020

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Although COFC Found Protested Contract Illegal, It Did Not Have Jurisdiction to Hear...

Government’s motion to dismiss protest is granted. The protester had filed a protest with the COFC alleging agency’s contract modification was illegal. The court...

If You See Something Say Something: Contractor’s Failure to Question Patent Ambiguity in Contract...

Claim for the costs of installing a CCTV system is denied. The contract required the contractor to install a CCTV system and provide that the system would be purchased through a “pass through pricing process.” The contractor thought this meant that it would purchase the system and be reimbursed by the agency. The agency, however, […]
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GSA’s Federal Acquisition Service Over-Reported Small Business Contracts by $89 Million

Koprince Law – Every year, when the SBA releases its annual Small Business Procurement Scorecard, I hear from a few folks who mistrust the data. “I think small business awards are being over-reported,” is a pretty common theme for Scorecard skeptics. A new GSA Office of Inspector General report is a reminder that it’s not paranoia […]
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Important Considerations When Structuring M&A Transactions for Government Contractors: OCI, Reps and Warranties, and...

PilieroMazza – Our three-part series on government contractor M&A transactions provides an overview of key regulatory and industry-specific considerations that can impact all aspects of a deal. Part 1 is available here. It covers pre-transaction novation and affiliation issues. In Part 2, we move onto the transaction itself, diving into the potential for organizational conflicts […]
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DoD’s Revised Acquisition Policy Highlights Goals of Flexibility and Speed in Procurement

Perkins Coie – In a new directive, the U.S. Department of Defense (DoD) revised acquisition policies across the DoD to emphasize flexibility, competition, affordability, and performance as among the high-level objectives of a broader push for acquisition reform. DoD’s Directive 5000.01, which took effect on September 9, 2020, establishes 25 overarching policies across DoD and assigns […]
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JEDI Fight Will Stretch Into 2021

Within hours of the Defense Department’s Sept. 4 announcement that it would again award the Joint Enterprise Defense Infrastructure cloud contract to Microsoft, Amazon Web Services announced it would continue to protest the procurement. A Sept. 15 government filing with  the U.S. Court of Federal Claims now confirms AWS’ plan. More at Defense Systems
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Contractors Seek Clearer, Uniform Guidance for Returning to Offices

A lead trade association would like federal agencies to issue uniform guidance for their contractors’ return to workplaces amid the ongoing coronavirus pandemic. More at...

House Democrats Unveil Shutdown-Averting Continuing Resolution Through Dec. 11

House Democrats have introduced a draft version of a short-term continuing resolution, which, if passed, would avoid a government shutdown and keep agencies running through at least Dec. 11. Read the full post at Federal News Network
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Corrective Action Taken to Resolve Matter Concerning Awardee’s IDIQ Contract Did Not Impermissibly Permit...

Protest challenging the scope of corrective action is denied. The agency awarded a task order to the awardee. The protester alleged the awardee was...

Show Don’t Tell: No Disparate Treatment Where Awardee Provided Examples to Demonstrate Its Technical...

Protest challenging agency’s technical and past performance evaluations is denied. The protester claimed the agency disparately evaluating proposals, assigning strengths to aspects of the awardee’s proposal that were also present in the protester’s proposal. But GAO disagreed, finding that any difference is ratings was based on differences in the proposals. The awardee demonstrated its understanding […]
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