Saturday, January 23, 2021

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Agency Cannot Substantiate Its Reasoning for Sole-Source Contract Award; GAO B-414266.2, GOV Services Inc.—Costs

Protester’s request for a recommendation that it be reimbursed its costs of filing and pursuing its protest is granted, where the protester’s challenge to the agency’s award of a contract on a sole-source basis was clearly meritorious, as the agency acknowledged it failed to properly execute a justification and approval and failed to substantiate its […]
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NLRB Finally Issues Its Much Awaited “Joint Employer” Rule

Sheppard Mullin – Today, the National Labor Relations Board followed through on its earlier promise and issued its Joint Employer Final Rule, officially reversing the Board’s 2015 Browning-Ferris Industries decision and conclusively establishing the legal ground rules under which otherwise separate business entities may be legally joined and determined to be joint employers for the purposes […]
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Turns Out You Really Can Unring a Bell — GAO Upholds Agency Decision to...

As the old adage goes, you can’t unring a bell.  But GAO recently concluded that it was rational of an agency to do just that when taking corrective action in a bid protest. In Quotient, Inc., B-416473.4, Mar. 12, 2019, 2019 CPD ¶ 106, the Department of Education (“ED”) established a competitive range and then […]
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Passing the Buck: Price Adjustment for New CBAs for SCA Covered Work

Abrahams Wolf-Rodda – You get a notice from workers that they want to unionize for the first time under a Service Contract Act (“SCA”) covered contract. Naturally, you wonder what impact that unionization effort will have on your performance of the work and your profitability on the fixed price contract. The answer is it will […]
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Size Protest Dismissal Sustained by SBA Office of Hearings and Appeals

Whitcomb Selinsky – Government contracting can be a lucrative business and when you are a small business the government is compelled to “open the door” for you. Under the Small Business Act, the government must offer contracts to small businesses that qualify (qualifications may vary). That said, the process for winning a government contract can […]
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SBA Proposes Rule to Revise Calculation of Annual Average Receipts

The Small Business Administration has issued a proposed rule that would modify its method for calculating annual average receipts used to prescribe size standards for small businesses. Specifically, consistent with a recent amendment to the Small Business Act, SBA proposes to change its regulations on the calculation of annual average receipts for all receipts-based SBA […]
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U.S. Army Corps Of Enginers’ Mistake Has Huge Unallowable Claims

Whitcomb Selinsky – In a report made public on October 3, 2019, the U.S. Department of Defense (DoD) Office of Inspector General (OIG) announced that the U.S. Army Corps of Engineers (USACE or Corps) failed to properly monitor Puerto Rico power grid restoration contractors following Hurricane Maria, leading to more than $50 million in potentially […]
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Big Law Government Contracts Lawyers Prep After Microsoft Snags $10B Pentagon Order

Amazon faces two paths if the company decides to challenge the award of the Joint Enterprise Defense Infrastructure, or JEDI, contract to Microsoft. Amazon could ask the Government Accountability Office to pause the award, or the company could sue the U.S. government in the Federal Claims Court, home to billion-dollar cases involving some of the […]
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Contractors Need Not Wait To Pursue Delay Claims

Do contractors need to wait for a project to be complete to file a delay claim? The answer is a resounding NO! There is no reason for a contractor to finance a government-caused delay for any longer than absolutely necessary. The Civilian Board of Contract Appeals recently drove this point home in CTA I LLC […]
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Editor’s Notes: Section 809 Panel’s Work Is Far From Done

After two years of work, the Section 809 Panel gathered in a hall at the U.S. Chamber of Commerce building on a cold, January day to present its third and final report, which summed up some 90 ways to improve the Defense Department’s acquisition system. More at National Defense Magazine
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