Saturday, October 31, 2020

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COFC Rejects Sole Source Procurement to Replace Out-of-Favor Incumbent

Abrahams Wolf-Rodda – Years ago, a relative who owned a successful tech company told me that he’d never bid on a government contract because it’s too much of a pain. I agreed that serving the Government has its complexities; however, I pointed out that the Government usually pays its bills and its work generally doesn’t […]
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GSA Multiple Award Schedule Mass Modification Will Impact Pending and Current Schedule Holders –...

Centre Law & Consulting – On October 1, 2019 The General Services Administration (GSA) released the new Multiple Award Schedule (MAS) 47QSMD20R0001. GSA has tentatively scheduled the first mass modification refresh for the MAS Solicitation 47QSMD20R0001 for January 2020. If you currently have an offer under the new MAS solicitation pending with GSA it is recommended […]
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Yes, An Agency Can Change the NAICS Code from One Iteration of a Contract...

As the incumbent contractor, you’re excited to bid on the successor contract. The day it’s posted, you dash to fbo.gov, pull up the solicitation, and breathe a sigh of relief: the contract is still exclusively a small business set-aside. But wait! Under the assigned NAICS code your business doesn’t fall below the size standard. Can […]
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What To Do When You Lose A Contract Despite Offering The Better Price

Sometimes the Government seeks the best overall value, and at times simply lowest cost. But even when low price is determinative, the bidder must still meet minimum technical qualifications. In a recent case, Level 3 Communications lost a major contract with the Department of Defense to Verizon, whose bid exceeded theirs by nearly $40 million. […]
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SBA Prepares for Upcoming Subcontractor Past Performance Pilot Program

In a new client alert, Smith Pachter McWhorter examine SBA’s new pilot program for subcontractor past performance. Section 1822 of the National Defense Authorization Act for Fiscal Year 2017 requires the SBA to implement a 3-year pilot program to assist qualifying small business concerns obtain past performance ratings in the Contractor Performance Assessment Reporting System. The […]
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SBA Provides Flexibility for HUBZone Compliance

Koprince Law – We’ve written quite a few posts about how contractors can adapt and deal with the changes caused by the COVID-19 pandemic. Some small businesses federal contractors, however, face unique challenges. This is particularly true of participants in the HUBZone Program. Specifically, while the OMB has encouraged agencies to allow contractor employees to […]
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Fastest 5 Minutes: NSA Cybersecurity, Enhanced GSA Debriefing, OFCCP News (March 1)

This week’s episode covers NSA cybersecurity, enhanced GSA debriefing, and OFCCP news, and is hosted by partner David Robbins. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without. More at Crowell […]
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SBA to Begin Accepting PPP Forgiveness Applications on August 10

Cozen O'Connor - On July 23, the Small Business Administration issued a procedural notice to lenders participating in the Paycheck Protection Program concerning PPP...

COFC Reiterates Risks for Contractors Regarding Availability of Key Personnel

Wiley Rein – A recent decision by the U.S. Court of Federal Claims (COFC) demonstrates the need for contractors to carefully review the availability of proposed key personnel before submitting final proposal revisions (FPRs). In NetCentrics Corp. v. United States, No. 19-839C (Sept. 6, 2019), the COFC held that the U.S. Department of Defense Washington […]
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SBA Proposes to Implement Certification Requirement for WOSB/EDWOSBs and Revise Economic Disadvantage Criteria for...

A few years ago, we wrote about how through the 2015 NDAA, Congress directed SBA to end self-certification for WOSBs and EDWOSBs and implement a certification process. On May 14, 2019, SBA issued the proposed rule which, if finalized, would implement a certification requirement for WOSBs and EDWOSBs.  In this proposed rule, SBA has also proposed revising the economic […]
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