Sunday, September 27, 2020

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5 Things to Know When Protesting an Award

PilieroMazza – The end-of-fiscal-year spending spike has federal agencies issuing more notices of award, leaving many disappointed offerors keen to file protests. Post-award protests are subject to strict timelines, so you need a plan if you receive an unfavorable notice of award. Below are 5 key things government contractors need to know when protesting an […]
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Proposed Rule to Amend the FAR’S Implementation of the Buy American Act

Morrison Foerster – Earlier this week, the FAR Council issued a proposed rule to implement President Trump’s Executive Order 13881. The Executive Order called for the expansion of the preference for domestic goods, products, and materials – particularly domestic iron and steel – in Federal procurements. If the rule is finalized, it will amend the […]
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SBA’s New Paycheck Protection Program Appeal Rule

By Patrick R. Quigley & Aron C. Beezley of Bradley Arant Boult Cummings As part of Bradley’s continued reporting on issues arising from the CARES Act and the Paycheck Protection Program (PPP) that uniquely impact government contractors, we summarize here a new Small Business Administration (SBA) loan decision appeal rule. Background on the New Rule […]
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The Government Contracts Legal Round-Up | Episode 3

Jenner & Block – In this episode, Partner Marc A. Van Allen and Special Counsel Carla J. Weiss examine an upcoming interim rule on certain Chinese telecommunication companies that will become effective next month. They also share developments about Section 3610 reimbursements offered by the CARES Act, as well as discuss the Peraton Inc. bid protest decision […]
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Intervention in Bid Protests: A Fiscal Year-End Refresher

By Aron C. Beezley of Bradley Arant Boult Cummings As a result of increased government spending at the end of the government’s fiscal year — which is the 12-month period beginning on October 1 and ending on September 30 — the number of bid protest filings peaks in October. Accordingly, government contractors should be particularly […]
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FAR Council Issues Proposed Rule to Increase Domestic Content Requirements Under the Buy American...

Peckar & Abramson – On September 14, 2020, the FAR Council finally issued a proposed rule to implement Executive Order 13881, Maximizing Use of American-Made Goods, Products, and Materials. 85 FR 56558 (Sep. 14, 2020). The Executive Order, which the President signed back on July 15, 2019, directed the FAR Council to change the FAR […]
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PPP Loan Forgiveness Checklist

Morrison Foerster – The Paycheck Protection Program (PPP), which is part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, provides aid to qualifying small businesses in the form of loans with terms favorable to borrowers, including, in particular, provisions that allow potentially the entire loan amount to be forgiven if the proceeds are spent […]
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GAO Signals More Demanding Approach to Corrective Action Dismissals

Blank Rome – About a third of U.S. Government Accountability Office (“GAO”) protests end because an agency decides to take voluntary corrective action. (This is evidenced by the ~30 percent difference between GAO’s “Sustain” rate and “Effectiveness” rate.) While it is considered a “win,” voluntary corrective action can be frustrating for protesters who may have […]
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Made of Steel – New Buy American Act Rules Change Analysis and Increase Barriers...

Crowell & Moring – Nearly 8 months after the deadline, the FAR Council has issued a proposed rule to implement E.O. 13881 (July 15, 2019) requiring consideration of increasing both the domestic content requirement under the Buy American Act and the associated price preference provided to domestic products. The proposed rule will do both and […]
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Now There’s Something You Don’t See Every Day: A Subcontractor Intervening in a...

By Patrick R. Quigley & Aron C. Beezley of Bradley Arant Boult Cummings Fans of the classic 1960s cartoon series Rocky and Bullwinkle may recall two minor characters, Chauncey and Edgar, who commented on the action by saying something like this: “Now there’s something you don’t see every day, Edgar.” “What’s that, Chauncey?” And then […]
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