Saturday, November 28, 2020

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GAO Holds that Emailing Proposal Did Not Satisfy Requirement to Upload Proposal to DOD...

Peckar & Abramson – A solicitation will advise offerors of how to deliver their proposals, and it is critically important that offerors adhere to the specified delivery method – and time requirements – when submitting a proposal to a government agency. Many government solicitations provide for electronic submission of proposals and, for Department of Defense […]
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Small Business Participation In Government Contracts: Why It’s Important How to Qualify, Benefits to...

Morrison & Foerster – In fiscal year 2019, federal agencies awarded $132.9 billion in contracts to small businesses. This is a reflection of policy goals, as Congress and federal agencies have long worked to provide business opportunities to small business concerns through federal contracts and subcontracts. The Federal Government does this through specialized small business […]
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Bid Protests On The Basis Of Cardinal Change: The Fine Line Between Solicitations And...

Vandeventer Black – The Government Accountability Office’s (“GAO”) Comptroller General and the U.S. Court of Federal Claims (“COFC”) regularly consider bid protests.  Bid protests are challenges to the terms of a solicitation or to the award of a federal contract.  Post-award protests are generally the result of an interested, but unsuccessful, offeror challenging the agency […]
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Trump Administration Gives Teeth to Pentagon List and Restricts U.S. Investment in Publicly Traded...

Morrison & Foerster – Over the past summer, prompted by a bipartisan Congressional letter identifying a two‑decade‑old statute as an unused tool in confronting China’s strategy of “Military-Civilian Fusion,” the U.S. Department of Defense (“DOD”) developed and published two letters listing names of Chinese military-owned companies operating in the United States. This so-called “Pentagon List” […]
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SBA Consolidates Mentor-Protege Programs and Changes Other Important Small Business Rules

Rogers Joseph O’Donnell – On October 16, 2020, the Small Business Administration (SBA) published a Final Rule that consolidates its mentor-protégé programs and makes various other important rule changes that will impact small business government contractors.  The changes are also important for larger businesses considering the competitive benefits of teaming with small businesses to win […]
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Looking Ahead: Federal Procurement Under The Biden Administration

Wiley Rein – When the Biden Administration begins, the government contracting community may be wondering whether the change in administration and party in the White House will lead to significant changes to federal procurement. Although the crystal ball is still swirling, our prediction is that while there will be some changes, they will likely be […]
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SBA Makes Significant Changes to Its Regulations Affecting Government Contractors

Venable – On October 16, 2020, the U.S. Small Business Administration (SBA) issued a final rule that makes significant changes to its regulations that will affect both small and other-than-small government contractors, including consolidation of the 8(a) and All Small Mentor-Protégé programs, elimination of the three-in-two rule (and other joint venture affiliation changes), and recertification […]
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Common Issues in Government Procurement and Contracting

Jackson Walker – When it comes to government contracts and procurement issues, even the savviest of businesses can need help navigating the applicable laws and the often-complicated regulations. From the initial request for proposal (RFP) process to the winning or losing of those bids, and all the way through the performance of the government contract, […]
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Ch-ch-ch Changes? What the Transition Could Mean for Government Contracts and Wage and Hour...

Abrahams Wolf-Rodda – As I write this, debate rages about whether former Vice President Biden should be called President-elect Biden or whether President Trump will continue in office. While there seems to be an ever-increasing recognition that the outcome of the election is sealed, the transition process has not begun pending the customary “ascertainment” of […]
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October 2020 Bid Protest Roundup

Morrison & Foerster – In the latest installment of our bid protest spotlight, we analyze three Government Accountability Office (GAO) decisions that provide important reminders for companies considering whether to protest a contract award. In Chronos Solutions, LLC, the GAO held it was unreasonable for an agency to construct its procurement without regard for the […]
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