Sunday, June 20, 2021

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Protest Sustained: VA Based “Rule of Two” Determination on Canceled Set-Aside Solicitation

By Lee-Ann C. Brown & Sarah Sutton Osborne of Bradley Arant Boult Cummings LLP The Government Accountability Office (GAO) recently sustained a protest that challenged the Department of Veterans Affairs’ (VA) failure to set aside an acquisition for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) or Veteran-Owned Small Businesses (VOSB). Under the Veterans Benefits, Health Care, and Information […]
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Congressional, Executive, and Legal Developments for Government Contractors to Consider (Oct 2020)

Venable – In an issue that Venable has been tracking closely since it initially arose on September 22, (see our original article here), there have been further developments regarding Executive Order 13950, Combating Race and Sex Stereotyping (EO 13950 or the EO). EO 13950 mandates, starting November 21, that all federal contracts must include a […]
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Defense Production Act Anti-Hoarding Provisions Invoked for Coronavirus

The Department of Health and Human Services published a notice on March 30, 2020 — effective March 25, 2020 — designating certain COVID-19-related personal protective equipment (“PPE”) and materials as “scarce” or “threatened” materials subject to the Defense Production Act’s (“DPA”) anti-hoarding provisions. As a result of this notice, the DPA now prohibits the accumulation […]
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Want to Stop Shortchanging Service Contract Employees? Fix the System

Abrahams Wolf-Rodda – We recently wrote about the priorities of the DOL generally in 2021 and particularly those of the incoming Biden administration when it comes to the rights of workers under laws like the Fair Labor Standards Act. There absolutely is nothing wrong with keeping the interests of employees top of mind. Indeed, we counsel our […]
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A Data-Driven Look at the GAO Protest System

In this blog post, Wiley Rein takes a deep dive into the Government Accountability Office’s annual summation of bid protest activity and what the data means for federal contractors. According to GAO, the number of protests filed increased by five percent last year, while the number of sustained protests doubled and the use of alternative […]
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COFC Strikes a Blow to VA-Verified VOSBs and SDVOSBs

SmallGovCon – A few months ago, GAO confirmed that where VA uses GPO as its buying agent, it still must comply with the Rule of Two in 38 U.S.C. 8127(d). After VA took corrective action, however, another bid protest was filed, but this time in the Court of Federal Claims. Surprisingly, there, the Court concluded […]
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Congressional, Executive, and Legal Developments for Government Contractors to Consider (June 2019)

Venable LLP breaks them developments from the month of June, discussing SBA’s recent proposed rule to implement the Small Business Extension Act; a VA class deviation giving VOSBs/SDVOSBs priority over AbilityOne and FPI purchases; provisions in this year’s NDAA; recent GAO and court decisions; and other items of interest to federal contractors. Read the full post […]
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Department of Defense Issues FAR Deviation for Limitations on Subcontracting

On December 3, 2018, the Department of Defense (DoD) issued a deviation from the FAR’s self-performance requirements, which applies to subcontracting limitations on contracts set aside for small businesses. Although the changes to subcontracting limitations were mandated by the 2013 National Defense Authorization Act (yes, 2013), implementation has been slow and piecemeal. The Small Business […]
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Protecting Work Product: When the Threat of Litigation Is Too Remote for Privilege

Crowell & Moring – In Ingham Regional Medical Center v. U.S. (Jan. 6, 2020), the Court of Federal Claims compelled production of certain government investigatory documents that the Court found were not privileged work product prepared “in anticipation of litigation.” The Medical Center sued to recover payments for outpatient healthcare services performed in connection with […]
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The FAR Council Issues Rule Implementing Section 880 of the 2019 NDAA That Further...

Nichols Liu – On January 14, 2021, the FAR Council issued a final rule that changed the source selection process by which federal civilian agencies can use lowest price technically acceptable (“LPTA”) procurements.  Contractors should take note because the rule implements additional criteria for the use of the LPTA source selection process, which some members […]
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