Wednesday, December 1, 2021

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GAO Releases Annual Bid Protest Report to Congress for FY 2021, Identifies New “Top...

By Anuj Vohra & Cherie Owen of Crowell & Moring On November 16, 2021, the U.S. Government Accountability Office (GAO) released its Annual Report on Bid Protests for Fiscal Year 2021. While GAO received slightly fewer protests in FY2021 than in the year prior, the overall protest “Effectiveness Rate”—meaning the percentage of cases in which the protester […]
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Sixth Circuit to Hear Challenges to OSHA’s New Emergency Temporary Standard

By Jill L. Ripke, Ben Prager & Christopher Wilkinson of Perkins Coie On November 16, 2021, the U.S. Judicial Panel on Multidistrict Litigation randomly assigned the U.S. Court of Appeals for the Sixth Circuit to hear legal challenges to the vaccine emergency temporary standard (ETS) issued by the Occupational Safety and Health Administration (OSHA). The […]
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Safer Federal Workforce Task Force Delays Contractor Vaccine Deadline

Taft Stettinius & Hollister – Nearly a week after President Biden announced that the federal contractor vaccine mandate compliance deadline would be delayed to align with the Occupational Safety and Health Administration and Centers for Medicare & Medicaid Services deadlines, on Nov. 10, 2021, the Safer Federal Workforce Task Force (the Task Force) issued new […]
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GAO Annual Report Indicates Bid Protests Remain Effective

Holland & Hart – The Government Accountability Office (“GAO”) recently released its Annual Report to Congress for the Fiscal Year 2021. The report shows that, while the total number of bid protests dropped significantly in FY2021, nearly half of all protests filed at GAO enjoyed some level of relief. For protests that reach a final merits […]
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Franchise Agreement Terms Sink Company’s SDVOSB Application

Koprince McCall Pottroff – It’s a refrain that my colleagues and I have often heard: if you’re a franchisee, it can be really, really hard–perhaps almost impossible–to be verified as a service-disabled veteran-owned small business. A recent case demonstrates the difficulties in obtaining SDVOSB status as a franchisee. In the case, the SBA’s Office of Hearings […]
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OMB Attempts to Plug Holes in the Government Contractor Vaccine Mandate

Bass Berry & Sims – Likely in response to the flurry of litigation challenging the government contractor vaccine mandate, on November 16 the Office of Management and Budget published a new notice of determination and request for comments in the Federal Register. The new determination, which rescinds and supersedes the prior notice issued on September 24, […]
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FAR Council Publishes Update to Small Business Subcontracting Regulations

Husch Blackwell – The FAR Council published a final rule amending the Federal Acquisition Regulation (FAR) to clarify how contracting officers should evaluate a prime contractor’s “good faith efforts” to comply with a small business subcontracting plan. Read the full post at Husch Blackwell
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Federal Contractor Vaccine Updates: January 18 “Fully Vaccinated” Deadline and New FAQs

Jackson Lewis – On November 10, the Safer Federal Workforce Task Force again updated the binding Guidance for Federal Contractors and Subcontractors implementing Executive Order 14042, and issued new and updated FAQs for federal contractors. The first order of business was to officially extend the full vaccination deadline from December 8, 2021 to January 4, 2022, as stated in […]
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New Infrastructure Bill and Its Impact on Disadvantaged Business Enterprises in the Construction Industry

PilieroMazza – The Infrastructure Investment and Jobs Act—which makes a portion of its $1.2 trillion available for surface transportation projects—currently awaits signature from President Biden and will have significant impacts for construction contractors participating in the Department of Transportation’s Disadvantaged Business Enterprises (DBE) Program. The Bill addresses aid to federal highways, transit, highway safety, motor […]
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Data Rights and the Government Contractor: Limited Data Rights

Koprince McCall Pottroff – In our last post on intellectual property and government contracts, we went over a basic discussion about data rights and then addressed the matter of unlimited data rights for the government. While there are times where giving the government unlimited data rights is expected and unavoidable, contractors obviously don’t want to give […]
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