Friday, January 22, 2021

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February 2019 Bid Protest Roundup

This month’s selection of bid protests includes discussion of:  (1) a successful challenge to a subcontracting restriction in the General Services Administration’s One Acquisition Solution for Integrated Services (OASIS) solicitation; (2) an explanation of whose experience an agency can consider when a solicitation provides for the evaluation of an “offeror’s” experience; (3) an agency’s discretion […]
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Limitations on Subcontracting – What’s the Latest and Why Isn’t It in My Contract...

In June 2016, the SBA updated its regulations to amend the way the limitation on subcontracting is calculated for set-aside prime contracts, but some contractors still question whether the updated rule is incorporated into their contracts. SBA says the new rules should apply to any set-aside solicited or awarded after June 30, 2016. Further, SBA’s […]
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Changing A Negative CPARS Rating: A (Real) Second Bite at the Apple

Everyone “knows” that past performance is a critical part of both Best Value and LPTA competitive procurements. Everyone “knows” that CPARS ratings are the gold standard for demonstrating past performance. And everyone “knows” that once a CPARS rating is in the system, contractors are stuck with that rating: good, bad, or indifferent. Sure, contractors can […]
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Is Your Contract Vulnerable to Termination for Convenience?

As 2018 gets underway, contractors may find that the current administration’s priorities spell out changes to existing contracts. If the program under which you hold a contract doesn’t fit in with new management, your contract may be at risk for termination for convenience. Read on to find out when a contract you hold may be […]
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All for One and One for All: MAS Consolidation Update

By Julia Smith and Elizabeth Bair In January 2020 the General Services Administration (GSA) began Phase II of the GSA Consolidation effort with the release of a Mass Modification (Mass Mod) to all current schedule holders. The purpose of the Mass Mod is for all GSA contractors to align the terms and conditions of their […]
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Domestic Preference Chaos: How the Court of Federal Claims Upset the Apple Cart and...

The Court of Federal Claims recently decided Acetris Health, LLC v. United States, No. 18-433C (July 10, 2018), construing the requirements of the Trade Agreements Act, along with its implementing regulations and contract clauses. Much has already been written about the decision and, in particular, the potential implications for procuring agencies that rely on U.S. […]
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Look Before You Release — ASBCA Enforces Release of Claims to Contractor’s Detriment

By Kayleigh Scalzo, Kevin Barnett and Carl Wiersum of Covington & Burling A recent Armed Services Board of Contract Appeals decision serves as a timely reminder for contractors to carefully read and consider any release of claims before signing — especially when you may have otherwise-recoverable coronavirus-related cost increases. The decision, Appeal of Horton Construction […]
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STARS III: Simultaneous Bidding as Prime Contractor and Managing Member or JV, or Bidding...

PilieroMazza has received a flood of questions related to STARS III and Cy Alba gave a presentation walking through a number of keys issues and our interpretation of key requirements in the RFP. As a part of that, one key question being asked is whether clients are able to bid themselves as a prime contractor […]
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GAO: Proposal Evaluations Can’t Take Place in La La Land

Koprince – Wouldn’t it be swell to simply erase those less-than-flattering moments from your past merely by deleting them? For instance, what if your biographer simply omitted any mention of you being excited for and seeing the apparently horrible new Cats movie? Does erasing a historical fact–such as an unfavorable detail from a proposal–mean that […]
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The Government’s Playbook – Your Guide to Uncle Sam’s Negotiating Techniques

If you follow professional football, you are familiar with the message generally given to an aspiring player just before he is cut – “Coach wants to see you.  Bring your playbook.”  The playbook, that step-by-step guide to on-the-field success, is something that teams guard zealously. Not all teams, however, maintain the secrecy of their playbooks, […]
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