Saturday, October 16, 2021

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Bill Introduced to Prevent Companies with Chinese Owners from SBA Benefits

Schoonover & Moriarty – A bill introduced last week seems aimed at baring companies with Chinese ownership from receiving any benefits offered by the U.S. Small Business Administration. At least, we think so. The text of the bill is not yet available. The Congress.gov link to the legislation (click on Bill S.993) gives only a description (“A […]
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What Contractors Need to Know about the Proposed FY 2018 NDAA

On November 9, 2017, Congress released its conference report on the FY 2018 National Defense Authorization Act.  The NDAA coming out of the conference committee contains numerous provisions that would affect government contractors.  Below we address five of the most significant issues for government contractors in the proposed NDAA – Bid Protests, Debriefings, the Space […]
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Protester Alleged that Awardee Proposed Wrong Color Scheme, But GAO Found Scheme Did not...

Protest alleging that agency should have found awardee’s proposed item technically unacceptable is denied. The protester argued the awardee’s item did not meet the solicitation’s paint scheme, but GAO found that item’s colors fell within the scheme contemplated by the solicitation. The protester alleged the awardee’s item failed to meet other solicitation requirements. GAO, however, […]
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But Wait, Did You Check the Mailroom? Possibility of Sealed Bids in Agency Mailroom...

Motion to dismiss a status protest as untimely is granted. Under SBA’s regulations, status protests must be filed within five days after the identify of an awardee is known. Here, the protester filed a protest almost two months after sealed bids were opened, and the protester learned the identity of the awardee. The protester argued […]
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Shades of Lazarus: Is Blacklisting Rule Coming Back to Life?

Legislative language under consideration in the Senate could require the Department of Defense to consider workplace safety and health violations when making contractor responsibility determinations, echoing the Obama administration’s since-repealed Fair Pay and Safe Workplaces EO and regulations. Introduced by Senator Elizabeth Warren (D-MA), the Contractor Accountability and Workplace Safety Act of 2017 (S. 1440) […]
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Five Days Not Enough Time for Board to Render Decision on Petition; CBCA 6017,...

Request for CBCA to direct a contracting officer to issue a final decision on a claim within five business days is denied, where the petitioner’s requested deadline would not allow time for the government to respond nor the board to consider the parties’ arguments, and where the request is not a result of urgent need. […]
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Fastest 5 Minutes: COVID Vaccine Requirements for Contractors, Revolving Door, and Small Business Matters

Crowell & Moring – This week’s episode covers COVID vaccine requirements for contractors, a DOD class deviation and SBA decision relating to small business matters, and two revolving door updates, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of […]
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Treasury Issues Additional Guidance Regarding Paycheck Protection Program Eligibility

The Department of Treasury and Small Business Administration have issued additional guidance related to the Paycheck Protection Program (PPP) following recent publicity regarding certain recipients....

One Vendor’s Price Was Allegedly an Outlier, But Agency Didn’t Abuse Discretion by Averaging...

Protest challenging agency’s technical and price evaluations is denied. The protester alleged that agency applied unstated criteria when assessing a risk to its proposed...

Challenges to Agency’s Evaluation and OCI Determinations Fail to Revive Protestor’s Technically Unacceptable Quotation;...

Protest challenging the agency’s task order award is denied, where the agency reasonably evaluated the protestor’s quotation as technically unacceptable for its failure to demonstrate an understanding of the agency’s operations or its approach to continuous improvement, and where the agency reasonably investigated and uncovered no unfair competitive advantage or biased ground rules conflict of […]
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