Saturday, January 23, 2021

Subscribers Only

Free

The Federal Government Contract Minimum Wage Increase Is in Effect

Peckar & Abramson – Effective January 1, 2021, federal government contractors are required to pay their employees performing work on or in connection with covered government contracts at least $10.95 per hour – an increase of $0.15/hour from the 2020 federal minimum wage. 85 FR 53850 (Aug. 31, 2020). As we previously reported, the federal […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

GAO Finds SAM Registration Requirement to Be Minor Informality

Vandeventer Black – FAR 4.1102 requires offerors to registered in the System for Award Management (“SAM”) at the time an offer is submitted to the government, with limited exceptions such as micro-purchases, classified contracts, emergency contracts, and some others. However, the Government Accountability Office (“GAO”) recently found that an offeror’s failure to renew its SAM […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Federal Circuit Affirms that BPAs May Not Be Binding Contracts

Peckar & Abramson – In a previous blog, we discussed a decision by the Court of Federal Claims (COFC) in McLeod Group, LLC v. United States, 142 Fed. Cl. 558 (2019), that blanket purchase agreements (BPAs) are not contracts for purposes of the Contract Disputes Act (CDA). In that case, the contractor argued that the […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

New Round of PPP Funds Available

Wiley – On December 27, 2020, the Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (Economic Aid Act) became law. This act reinstated the Paycheck Protection Program (PPP) by (1) making a new round of PPP funds available to first time borrowers and (2) creating a second draw of PPP funds for certain […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

OHA and the Ostensible Subcontractor Rule: A Two-Prong Test You Can’t Fix After the...

Koprince Law – In a recent decision, OHA ruled that the ostensible subcontractor rule requires a two-prong evaluation before SBA can find affiliation. The SBA Area Office took a look at only one prong, which resulted in a remand from OHA. Ultimately, OHA found affiliation, reversed the SBA Area Office and found the concern ineligible. […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

GAO: Factors “Logically Encompassed By” the Solicitation Are Fair Game for Evaluation

Schoonover & Moriarty – When evaluating proposals, an agency must stick to the evaluation criteria identified in the solicitation. It cannot depart from the solicitation by evaluating against unstated criteria. Though this sounds like a bright-line rule, it’s not so simple. A recent GAO decision shows that agencies have discretion to evaluate against items “logically encompassed […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

New COVID-19 Relief Law Includes Limited Bankruptcy Protections Regarding PPP Loans

Perkins Coie – The latest COVID-19 relief legislation provided some additional aid and clarity for a select group of debtors and left many other questions unanswered. While most of the attention was directed to restarting the PPP payments and other benefits to individuals, the law makes changes to the Bankruptcy Code as well. Small business […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Secure Federal LEASEs Act Imposes New Foreign Ownership Disclosure Requirements for Some Federal Government...

Arnold & Porter – Just before year end, the Secure Federal Leases from Espionage and Suspicious Entanglements Act (Secure Federal LEASEs Act or Act) became law. The Act, a bipartisan effort to address potential national security risks posed by foreign owners of high-security spaces leased to the General Services Administration (GSA) and other federal entities […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Federal Circuit Holds Marking Data to Restrict Nongovernment Third Parties’ Data Rights May Be...

Smith Pachter McWhorter – Historically, the U.S. Government has taken that position that with few exceptions, the DFARS prohibits contractors from including any legends on technical data restricting rights in such data except for those legends expressly identified by the regulations. On December 21, 2020, the Federal Circuit in The Boeing Company v. Secretary of […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Solicitation Contained Enough Information for Vendors to Intelligently Compete; VSolvit, LLC v. United States,...

Protest alleging that solicitation did not provide information for intelligent competition is denied. The solicitation sought IT services. The protester argued the solicitation did not provide enough information about how the incumbent hosted the agency’s development environment. The court found that this argument wrongly assumed that the incumbent’s development environment would be transferred. Instead, however, […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.