Monday, January 18, 2021

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DOD Issues Final Rule Codifying the NISPOM

Wiley – The Department of Defense (DOD) is adding the National Industrial Security Program Operating Manual (NISPOM) to the Code of Federal Regulations (CFR). According to the final rule recently published in the Federal Register, the NISPOM will be codified at 34 CFR Part 117 effective February 24, 2021. Although the codification does not change […]
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Contractors May Include Third-Party Restrictive Markings on Unlimited Rights Data

Crowell & Moring – On December 21, 2020, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) held that contractors may include restrictive markings on unlimited rights technical data as long as those markings do not restrict the Government’s rights to that technical data. More at Crowell & Moring
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Contrary to Protester’s Contention, Services Proposed by Awardee Were Included in Its Federal Supply...

Protest challenging agency’s evaluation is denied. The protester alleged the agency failed to adequately document the evaluation. But GAO found the documentation sufficient because...

GAO Sustains Small Disadvantaged Businesses’ Protest – Agency Shouldn’t Reject Bid Due to Inactive...

Nichols Liu – GAO recently sustained a Puerto-Rico Disadvantaged Small Business’ protest challenging the rejection of its bid because its SAM registration was expired at the time of bid submission. GAO held that compliance with SAM registration requirements are matters of bidder responsibility, not responsiveness. As such, the agency should not have rejected the bid. Read […]
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Congress Requires Large Primes to Provide Past Performance Reviews to Small Subcontractors–And Agencies to...

Koprince Law – Breaking into the federal government contracting marketplace can be challenging, and many small businesses choose to start as subcontractors. But when those companies later bid on prime contracts, they sometimes find that they cannot get past performance reviews for their subcontract work, or that the government won’t consider such reviews. Now, Congress has […]
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Little Things: Bid Protest Decision Demonstrates (Once Again) How Technicalities Can Eliminate a Proposal

Abrahams Wolf-Rodda – The canon of bid protest decisions is littered with many, many cases in which the Government rejected a proposal due to a technical glitch. A recent decision issued by the Government Accountability Office (“GAO”) demonstrates, once again, that little things can consign a proposal to the waste bin. Read the full post […]
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Proposal Points of Contact: Don’t Rely on Automatic Email Response, GAO Decision Warns

Koprince Law – Agencies commonly ask offerors to designate a point of contact for communications about the proposal. But what happens if the person the offeror identifies is unavailable when the agency reaches out? A recent GAO bid protest decision is a cautionary tale and suggests some best practices for offerors. Read the full post at […]
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Failure to Have Active SAM Registration at Time of Bid Was Not Fatal

Peckar & Abramson – Government contractors must be registered in the System for Award Management (SAM) and complete required representations and certifications annually. FAR 52.204-7 requires bidders, with some limited exceptions, to be registered in SAM at the time of bid and to continue to be registered until time of award, during performance, and through […]
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All Things Protest: Stay Override Challenge in a Pandemic-Related Procurement

In this episode of Crowell & Moring’s “All Things Protest” podcast, hosts Olivia Lynch and Christian Curran are joined by colleague Eric Ransom to discuss issues surrounding emergency sole source procurements, and a recent stay override decision from the Court of Federal Claims concerning a Federal Emergency Management Agency sole source contract for COVID-19 tests. […]
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Federal Court Enjoins Enforcement of Key Diversity Training Limits in Executive Order 13950

Wiley – The U.S. District Court for the Northern District of California has issued a preliminary injunction barring the Government from enforcing portions of Executive Order (EO) 13950, Executive Order on Combatting Race and Sex Stereotyping. The injunction covers EO 13950 sections that imposed limits on diversity and inclusion training by federal contractors (Section 4) […]
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