Sunday, June 20, 2021

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“Vernon’s got prospects. He’s bona fide.” — Understanding the Covenant Against Contingent Fees

Husch Blackwell – Breaking into federal government contracting can be daunting. There are ever-changing compliance obligations to consider and complex bidding and proposal submission requirements to navigate. An entire industry of sales consultants, proposal writers, and lobbyists promising to help tap into the $600 Billion plus federal marketplace are only a Google search away. Engaging […]
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DOD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights: 5 Things You Should Know

PilieroMazza – Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (2018 NDAA) required the Department of Defense (DOD) to issue new regulations to establish more detailed and comprehensive post-award debriefing rights. In March 2018, DOD issued a class deviation to implement some, but not all, of the rights required by the […]
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Federal Circuit Affirms Contractors’ Ownership Rights in Technical Data and Trade Secrets

Holland & Knight – When trade secrets and other intellectual property disputes arise involving federal government contractors, defendants often assert that the alleged trade secret or intellectual property belongs to the government as part of their defense. Indeed, much can be made in civil litigation about the legal impact of the contractor’s creation of an […]
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Fastest 5 Minutes: New EO on Climate-Related Risk, Mentor-Protégé JV Size Determination, FedRAMP

Crowell & Moring – This week’s episode covers a new Executive Order on Climate-Related Financial Risk, the final DFARS provision on contract closeout, a new SBA decision involving a mentor-protégé joint venture, and a FedRAMP update, and is hosted by partners Peter Eyre and Olivia Lynch. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly […]
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Government Contracts Legal Round-Up

Jenner & Block’s Government Contracts Legal Round‑Up is a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal, compliance, contracting, and business executives. Regulatory Update 1. Class Deviation 2021-O0005: Revision to Requirement to Use Firm-Fixed-Price Contracts for Foreign Military Sales (May 26, 2021) Effective May […]
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ASBCA Exercises Jurisdiction Over Contractor Claim Despite Government’s Allegations of Fraud

Davis Wright Tremaine – In Nauset Construction Corporation, the Armed Service Board of Contract Appeals once again addressed how Government allegations of fraud impact the Board’s ability to hear a claim. The Board noted that while the Contracting Officer had properly referred the suspected fraud to the investigative agencies, she erred by concluding that because she, herself, […]
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DoD to Expand Enhanced Debriefings Rights

By Aron C. Beezley & Nathaniel J. Greeson of Bradley Arant Boult Cummings The Department of Defense (DoD) recently proposed to amend the Federal Acquisition Regulation Supplement (DFARS) to codify and expand on the rules set forth in DoD’s March 2018 Class Deviation on Enhanced Postaward Debriefing Rights. The proposed rule addresses separately post-award debriefing […]
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DoD Proposes Rule on Evaluation of Joint Venture Past Performance for Construction and A&E...

Crowell & Moring – On May 20, 2021, the Department of Defense published a proposed rule to implement section 823 of the National Defense Authorization Act for Fiscal Year 2019, regarding inclusion of best available information regarding the past performance of first-tier subcontractors and of individual partners on construction and architect-engineer (A&E) contracts.  The proposed […]
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The CIO-SP4 RFP Allows Broad Past Performance Information–But Does It Go Too Far?

Koprince Law – One of my major concerns with the draft solicitation for the CIO-SP4 GWAC was the limited nature of the past performance NITAAC intended to consider. Under the draft RFP, NITAAC would not have considered the past performance of subcontractors–something I believed violated 13 C.F.R. 125.2(g) in certain cases, and was contrary to the […]
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Must Cash Payments in Lieu of SCA Mandated Fringe Benefits be included in FLSA...

Abrahams Wolf-Rodda – This week’s blog departs from my usual preference to avoid getting too lawyerly . However, a recent case out of California leaves me with little choice because it raises an issue that has real-life implications even though it’s something only lawyers can love. Read the full post at Abrahams Wold-Rodda
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