Sunday, October 25, 2020

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September 2020 Bid Protest Roundup

Morrison & Foerster – This month’s bid protest roundup (featured on Law360) examines three recent decisions by the Government Accountability Office (GAO).  The first, Sumaria Systems, Inc., evaluates whether an agency’s use of the highest technically rated, reasonably priced offeror methodology violates the Federal Acquisition Regulations (FAR).  The second, AT & T Corporation, examines a […]
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DOL Releases “FAQs” on Executive Order 13950 regarding Contractor Diversity and Inclusion Training and...

Wiley Rein – On October 7, 2020, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released guidance in the form of frequently asked questions (FAQs) regarding the September 22 Executive Order (EO) 13950, Combating Race and Sex Stereotyping, that addresses contractor workplace diversity and inclusion training, among other things, and that […]
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PPP Borrowers May Require SBA Consent or Escrowing of PPP Loan Balance in Connection...

Crowell & Moring – On October 2, 2020 (almost two months after the August 10, 2020 commencement of the acceptance period for forgiveness applications), the Small Business Administration (SBA) released an SBA Procedural Notice (the “Notice”) concerning required procedures for change of ownership of an entity that has received PPP loans (the “PPP Borrower”). Under the […]
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House-Passed 2021 NDAA Creates Government-Wide SDVOSB Certification Requirement

Koprince Law – Ever since the VA set up its SDVOSB verification program, critics of SDVOSB self-certification have been pushing for the government to expand SDVOSB verification government-wide. Now, it might finally happen. Section 831 of the House of Representatives’ version of the Fiscal Year 2021 National Defense Authorization Act would expand SDVOSB verification government-wide, […]
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Congressional, Executive, and Legal Developments for Government Contractors to Consider

Venable – On September 22, 2020, President Trump issued Executive Order 13950 (“EO 13950”) on Combating Race and Sex Stereotyping, the provisions of which are applicable to Federal contractors, subcontractors, and grant recipients, among others. In EO 13950, the President included a mandatory Executive Order contract provision, which takes effect on November 21, 2020, after […]
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Playing Games? GAO Requires NASA to Scratch $650 Million Contract Due to Foosball Snafu

Koprince Law – While most of our get-togethers these days involve mask wearing, social distancing, and even virtual happy hours, spending time with friends is a great way to keep spirits light. Unfortunately for one group of friends, their weekly hangouts led GAO to conclude in its recent decision, Teledyne Brown Engineering, Inc., B-418835 (Sept. […]
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DOL Publishes Proposed Rule Clarifying the Test to Determine Independent Contractor Status

Miles & Stockbridge – On September 22, 2018 the Department of Labor  (“DOL”) issued proposed regulations explaining how to determine whether a worker should be classified as an employee covered under the Fair Labor Standards Act (“FLSA”) or an independent contractor (who is not covered by the FLSA). The proposed regulations would make it easier […]
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Government Receives High Scorecard for SBA Contracting Goal

Aronson Tax Consulting – The Small Business Administration (SBA) FY 2019 Scorecard Summary shows the Federal government exceeded their small business contracting goal of 23 percent, awarding 26.5 percent (nearly $133 billion) of federal contract dollars to small businesses consisting of: small disadvantaged business (10.29 percent), women-owned small business (5.19 percent), and for service-disabled veteran-owned […]
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GAO Not Buying Agency’s Proposed Online Marketplace Solicitation

Koprince Law – We all know online marketplaces are very popular among consumers, so it’s no wonder that federal agencies would want to get in on the action too. But a federal agency is different from an ordinary consumer because the federal government is required to purchase goods and services according to a vast array […]
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Significant Buy American Changes Are Coming Soon

By Aron C. Beezley of Bradley Arant Boult Cummings The Federal Acquisition Regulation Council recently released a proposed rule to implement the requirements of the Maximizing Use of American-Made Goods, Products, and Materials Executive Order, which was signed by President Trump on July 15, 2019. As discussed below, the proposed rule contains important amendments regarding […]
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