Wednesday, April 14, 2021

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A Big Goof By the Government Isn’t Enough to Sustain this Bid Protest

Even if the government releases confidential information about an incumbent contractor during a recompete, too bad. It’s not enough to sustain a protest. That’s what a State Department contractor found out when information useful to competitors leaked out.
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Biden Proposes Major Spending Boost for Civilian Agencies in Fiscal 2022

The administration is requesting a 16% increase in non-defense discretionary funding to harness the government’s power to solve multiple crises. More at Government Executive
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Contractor Can’t Claim Defective Specifications When It Did Not Fully Comprehend or Comply with...

Appeal alleging defective specifications and constructive change is denied. A contractor can only recover on a defective specification claim if they relied on the...

GAO Finds that Protest Is Essentially an Untimely Request for Reconsideration; VS2, LLC, GAO...

Protest challenging agency’s award of a contract following a previous protest is dismissed. GAO found the new protest was essentially a request for reconsideration of the previous protest. GAO reasoned that the new protest did not provide a basis for reconsideration. The protester either restated arguments from the previous protest or asserted new arguments it […]
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Protester Not Prejudiced by Agency’s Waiver of Material Solicitation Requirement; Gemini Tech Services, Inc.,...

Protest challenging agency’s evaluation of the awardee is denied. The protester asserted that the awardee’s proposal was unacceptable due to a failure to provide information required by the solicitation. GAO found that the agency had waived the requirement in question and that the protester had not been prejudice by the waiver. The protester alleged that […]
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Government Contracts Legal Round-Up | 2021 Issue 6

Jenner & Block – Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update will offer brief summaries of key developments for government contracts legal, compliance, contracting, and business executives. Regulatory Update 1. Class Deviation 2021-O0003: DFARS 252.239-7098 Prohibition on Contracting to Maintain or Establish a […]
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U.S. Senators Propose Trade-Pact Waivers Amidst Focus on Domestic Preference Laws

By Robert Huffman, Jennifer Plitsch, Sarah Shepson, Michael Wagner and Carl Wiersum of Covington & Burling The American Rescue Plan, signed into law last month, includes $1.9 trillion in economic stimulus, healthcare, and related funding.  And just last week the Biden administration released an infrastructure proposal, the American Jobs Plan, that includes $2.3 trillion in […]
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What Feds Should Know About Waivers, Non-Disclosure and Non-Disparagement Agreements

Most federal agencies have standard terms for resolving claims of discrimination, whistleblower retaliation, MSPB appeals, or other administrative claims. More at Government Executive
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White House Releases Topline Budget Numbers

The release of the top budget numbers will set the stage for a months-long battle on Capitol Hill between budget hawks and an emboldened progressive wing of the Democratic Party over spending priorities. More at Breaking Defense
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Protester’s Proposed Personnel Greatly Exceeded RFP’s Experience and Education Requirements, But Agency Found them...

Protest challenging agency’s evaluation of proposals is denied. The protester alleged the awardee’s proposal did not meet the solicitation’s requirements for security clearances. GAO...