Sunday, September 27, 2020

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Super Circular Changes Bring New Focus, New Requirements, and Greater Clarity for Federal Grants

Wiley Rein – The Office of Management and Budget (OMB) recently announced multiple amendments to its Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (the “Super Circular”, codified in Title 2 of the Code of Federal Regulations), which governs federal grantmaking. These changes seek to incorporate management improvements linked to the Government’s […]
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Beta.SAM.gov: Check Early & Check Often!

Koprince Law – If we’ve said it once, we’ve said it a thousand times: when it comes to submitting your GAO protest, meeting GAO’s strict timeliness requirements is a must. So is watching out for notices on contract awards posted online. In Prudential Protective Services, LLC, B-418869 (Aug. 13, 2020), the protest was dismissed as […]
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GAO Protest Highlights Wide Discretion Given to the Agency When Considering Contractors’ Negative Past...

Obermayer – Every Federal contractor knows the importance of a good past performance record, but many fail to fully appreciate the dangers of negative past performance. A recent GAO decision, Sterling Medical Associates, Inc., serves as a useful warning. Read the full post at GovCon Examiner
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New Minimum Wage Requirements for Government Contractors May Impact Price Adjustments

PilieroMazza – Effective January 1, 2021, the Executive Order (the Order) minimum wage rate that generally must be paid to workers performing work on or in connection with covered government contracts will increase to $10.95 per hour, while the required minimum cash wage that generally must be paid to tipped employees performing work on or […]
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GAO Report on Section 3610 Reimbursement

Pillsbury Winthrop Shaw Pittman – In a report issued on September 3, 2020, the Government Accountability Office (GAO) presented its observations on the implementation of Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Section 3610 authorizes agencies at their discretion to reimburse contractors for the cost of paid leave incurred during the […]
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Fastest 5 Minutes: Supply Chain Security, Teaming Agreements, Cost Claims (September 11)

This week’s episode covers an OMB interim rule regarding supply chain security, teaming agreement enforceability, and a decision from the Federal Circuit about cost claims and is hosted by partner Peter Eyre and associate Chris Garcia. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts […]
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Minimum Wage for Federal Contractors to Increase to $10.95 in 2021

Peckar & Abramson – Effective January 1, 2021, federal government contractors will be required to pay their employees working on or in connection with a government contract at least $10.95/hour – an increase of $0.15/hour over the 2020 minimum wage.  85 FR 53850 (Aug. 31, 2020).  Fringe benefits paid to employees do not count towards […]
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In VA Tiered Evaluation, Small Business Couldn’t Protest SDVOSB Discussions

Koprince Law – After the Supreme Court’s unanimous Kingdomware decision affirmed the VA’s statutory obligation to prioritize SDVOSBs in its contracting, the VA authorized the use of so-called “tiered evaluations.” In a typical VA tiered evaluation, various categories of offerors can submit proposals, but SDVOSB proposals are considered first, then VOSB proposals, and so on. Recently, […]
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August 2020 Bid Protest Roundup (Law360 Spotlight)

Morrison Foerster – This month’s bid protest roundup (featured on Law360) examines three recent decisions by the Government Accountability Office (“GAO”). The first, Solers, examines potential conflicts of interest arising out of the government’s reliance on contractors in its acquisition process. The second and third, Prudential Protective Services and CGI Federal, offer precautionary tales for would-be […]
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Revisions to the Uniform Guidance Include Welcome Changes and New Areas of Risk

Venable – On August 13, 2020, the Office of Management and Budget (OMB) issued its Final Guidance on amendments to the OMB Guidance for Grants and Agreements (Uniform Guidance). The revisions incorporate current goals and initiatives of the Administration, statutory requirements, and clarifications of existing requirements. Considering that these are the first major changes to […]
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