Sunday, September 27, 2020

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If You’re Looking for Protest Grounds, Look Early and Often for Agency Deviations from...

While an agency’s failure to follow the terms of the solicitation stands as one of several basics grounds for a successful protest, such deviations are not always easy to spot. Often they do not become evident until the protest is well under way. The decision in the recent Government Accountability Office case of East Coast […]
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FY 2018 GAO Protest Statistics Show Continued Success through Corrective Action

The Government Accountability Office has released its Annual Report to Congress detailing the bid protest statistics for Fiscal Year 2018 (B-158766). The report shows a continuation of recent trends: the sustain rate is low; overall success is nevertheless quite strong; and hearings have become nearly extinct. Read the full post at Blank Rome
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Contract and Grant Freezes at EPA: What Contractors and Awardees Can Do to Prepare,...

The new administration has reportedly frozen contract and grant spending at the Environmental Protection Agency, but offered few details about the freeze, its objective, the affected programs, or whether other agencies will be affected. Contractors affected by this action—or which may be affected by future spending freezes—can take some proactive steps to prepare, including verifying […]
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Special Operations or Paint Ball? Protester Argues Solicitation is Ambiguous

Koprince – Solicitations are intended to provide contractors with sufficient information about an agency’s needs to compete intelligently for government awards. In a recent procurement for special operations forces training facilities, one bidder alleged the solicitation provided so little detail that the solicited site “might just as well be a thrown-together paintball site for teenage […]
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A Lesson from the CBCA on Recovering COVID-19 Related Costs on Your Government Contract

Centre Law & Consulting - A recent decision from the Civilian Board of Contract Appeals (“CBCA”) serves as a warning to government contractors as...

Debriefings: A Modest Proposal

Centre Law & Consulting – So, I was asking myself, what about government contracts drives me up a wall?  More particularly, what is most frustrating to me, as a practicing procurement lawyer?  Easy: debriefings.  We (at least contractor “we”) have participated in debriefings where the government “script” was some variation on: “Your proposal was terrible.  […]
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A Refresher on the Major DoD Counterfeit Parts Clauses

For the last several years, the DoD has bulked up regulations aimed at detecting and preventing electronic counterfeit parts within Government contracts. Two major clauses apply these regulations to defense contractors: “Contractor Counterfeit Electronic Part Detection and Avoidance System,” and “Sources of Electronic Parts.” Here’s a summary of the main points of each clause. Read […]
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How Much Is Enough? Federal Circuit Appeal May Decide Level of U.S. Manufacturing Required...

By Jennifer Plitsch, Alexander Hastings and Sarah Shepson of Covington & Burling Covington & Burling – A long-standing dispute over the approach to country of origin determinations under the Trade Agreements Act (“TAA”) may soon be resolved, as the Federal Circuit recently heard oral argument in one of two cases presently examining key aspects of […]
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How Loans Can Impact Size and Status

When confronted with a size protest, a small business should be aware of the implications of loans on a finding of affiliation. SBA will generally consider a loan from a traditional source–such as a bank–more favorably, but could find affiliation between a small firm and a non-traditional lender, such as a private party. A finding […]
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GSA’s Federal Acquisition Service Over-Reported Small Business Contracts by $89 Million

Koprince Law – Every year, when the SBA releases its annual Small Business Procurement Scorecard, I hear from a few folks who mistrust the data. “I think small business awards are being over-reported,” is a pretty common theme for Scorecard skeptics. A new GSA Office of Inspector General report is a reminder that it’s not paranoia […]
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