Tuesday, April 13, 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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8(a) Joint Venture Fraud Allegations Lead to False Claims Act Settlement

Koprince Law – The SBA’s joint venture rules can be strict. Mistakes like failing to update a joint venture agreement, inserting ambiguous provisions in a joint venture agreement, or relying on an expired mentor-protege agreement can be costly. Good faith mistakes are one thing–the joint venture may lose out on a contract, but probably won’t face […]
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Past Performance Isn’t Always a Required Evaluation Factor, Says GAO

Koprince Law – For companies trying to break into the government market for the first time, past performance can seem a bit like the old chicken-and-egg conundrum. Sometimes it can appear like a company can’t win a government contract without a strong record of past performance–but can’t build a past performance record without contracts! And […]
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All Is Not Forgiven: PPP Forgiveness and Credits

Morrison & Foerster – On March 23, 2021, The House Small Business, Subcommittee on Contracting and Infrastructure held a remote hearing titled: “The Interaction Between the Paycheck Protection Program and Federal Acquisition Regulations:  What It Means for Government Contractors.”  The hearing focused specifically on the interplay between Paycheck Protection Program (PPP) loan forgiveness and Federal Acquisition […]
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Congressional, Executive, and Legal Developments for Government Contractors to Consider (March 2021)

Venable – The U.S. Department of Defense (DoD), U.S. General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) withdrew several proposed rules to amend the Federal Acquisition Regulation (FAR), including Small Business Set Asides for Research and Development Contracts, Extension of Limitations on Contractor Employee Personal Conflicts of Interest, and Organizational Conflicts […]
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COVID-Related Audits and the DCAA’s New Audit Direction

Blank Rome – This is the third in a series of posts regarding what we believe will be an onslaught of government investigations and audits of COVID relief funds and contracting. Previously, we identified likely categories of programs, contracts, and companies the government might investigate or audit. Below, we discuss the Defense Contract Audit Agency’s […]
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ASBCA Takes on Contract Dispute Without Jurisdiction Under the Contract Disputes Act

By Michael R. Rizzo, Mary E. Buxton, Robert Starling of Pillsbury Winthrop Shaw Pittma In a recent decision issued by the Armed Services Board of Contract Appeals (ASBCA or Board), the Board held that the Washington Metropolitan Area Transit Authority (WMATA) breached its contract with Transdev Services, Inc. (Transdev) when WMATA failed to issue a timely […]
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All Things Protest: The Importance of Submitting a Complete Proposal

Crowell & Moring – In this episode, hosts Christian Curran and Rob Sneckenberg discuss a recent Federal Circuit decision holding than an offeror’s price proposal was materially incomplete simply because it failed to include government-provided plug numbers. Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest […]
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Biden Announces $2 Trillion Infrastructure Plan Aimed to Boost U.S. Manufacturing

Wiley – On March 31, 2021, President Joe Biden announced a $2 trillion infrastructure plan, named the “American Jobs Plan.” In addition to seeking upgrades to U.S. highways, bridges, ports, airports, transit systems, and waterways, the plan would make significant investments in areas outside of traditional infrastructure, including the electric grid, high-speed broadband, housing, schools, […]
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GAO Finds That Bid Was Reasonable Despite Its 43% Price Premium

By Erin Davis and Suzanne Sumner of Taft Law Protesters and would-be protesters often compare their proposed price to that of the awardee to draw conclusions about the underlying proposals. When there is a significant difference in the amount of the prices offered, it often seems like a reasonable and quantitative measure to demonstrate grounds […]
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