Sunday, June 20, 2021

Subscribers Only

Free

Fastest 5 Minutes: New EO on Climate-Related Risk, Mentor-Protégé JV Size Determination, FedRAMP (June...

Crowell & Moring – This week’s episode covers a new Executive Order on Climate-Related Financial Risk, the final DFARS provision on contract closeout, a new SBA decision involving a mentor-protégé joint venture, and a FedRAMP update, and is hosted by partners Peter Eyre and Olivia Lynch. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

You Can’t Always Get What You Want: Under Service Contract Act, Emergency Contract Was...

Abrahams Wolf-Rodda – Under Section 4(c) of the Service Contract Act (“SCA”) a successor contractor is required to pay not less than the wage and fringe benefits that a predecessor contractor agreed to pay pursuant to a collective bargaining agreement (“CBA”) entered into during the predecessor contract period. Section 4(c) thus operates as a floor to […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Court Stops 8(a) and WOSB Priority for COVID Relief Funds. Are Contracting Preferences Next?

Schoonover & Moriarty – Socially-disadvantaged and woman-owned restaurants were just dealt a harsh blow by the Sixth Circuit Court of Appeals: the court stopped SBA from granting priority to socially-disadvantaged and woman-owned firms under the Restaurant Revitalization Fund, finding them to be unconstitutional discrimination. Though the decision at issue dealt with a specific aspect of COVID […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Debriefing Exception to Protest Timeliness Rule Doesn’t Apply to SBIR Procurements, Period

Koprince Law – Equitus Corporation was sure it was following the right procedures when it requested a debriefing after receiving a letter stating its proposal under an Air Force Small Business Innovation Research (SBIR) solicitation had been rejected. The Air Force even provided the debriefing as requested, and Equitus filed a protest less than 10 […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Offering the Government an Unsolicited Proposal

Schoonover & Moriarty – Likely many of us have experienced the, what I call, Costco effect: you enter the store intending to buy a rotisserie chicken and giant package of toilet paper, only to leave the store with a new outdoor patio set. We justify those purchases on the theory that we didn’t know we […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

The “Three-in-Two” SBA Joint Venture Rule is Partly Gone–Now It’s Time to Get Rid...

Koprince Law – Last year, SBA made joint venturing a little easier by relaxing the so-called “three-in-two” rule. But the “two-year” portion of the rule still exists–and in my view, the rule continues to unfairly elevate form over substance. SBA, it’s time to take the plunge, and get rid of the rest of the three-in-two joint […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

All Things Protest: Proposed DFARS Rule on Enhanced Postaward Debriefings (May 2021)

Crowell & Moring – In this episode, hosts Christian Curran and Olivia Lynch discuss a proposed DFARS rule for enhanced debriefings. Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. More at […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Foreign Contractor Can’t Avoid Bonding Requirement

Peckar & Abramson – Government construction contracts in excess of $150,000 require contractors to furnish payment and performance bonds. FAR 28.102-1(a). When these bonds are required, bonds supported by corporate sureties must be issued by sureties whose names appear on the Treasury Department Circular 570 list. FAR 28.202(a). However, the Contracting Officer can waive this […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Joint Ventures Pursuant to SBA MPAs – Attention to the Details!

Crowell & Moring – On May 5, 2021, in DSC-EMI Maintenance Solutions, LLC, SBA No. SIZ-6096, the Office of Hearings and Appeals (OHA) of the Small Business Administration (SBA) affirmed a size determination that a joint venture formed pursuant to SBA’s Mentor-Protégé Program was other-than-small because the joint venture agreement (JVA) failed to contain all […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

DoD Issues Proposed Rule Implementing Enhanced Debriefing Requirement

By Noah B. Bleicher, Carla J. Weiss, and Moshe Broder of Jenner & Block The Department of Defense (DoD) has issued a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to require that DoD provide enhanced postaward debriefings to contractors. Although these changes were required by Section 818 the National Defense Authorization Act (NDAA) for […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.