Monday, September 21, 2020

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Bass, Berry & Sims Attorney Outlines SBA’s Limitation on Subcontracting Rule

In a recent article, Bryan King, a federal contracts attorney with Bass, Berry & Sims, discusses the details of the Small Business Administration’s new limitation on subcontracting rule. This new rule limits the definition of a “similarly situated entity” to first-tier subcontractors. According to King, with the option to team with other similarly situated entities, […]
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Court Temporarily Blocks Most Fair Pay and Safe Workplaces Final Regulations

On Monday, a federal court in the Eastern District of Texas issued a preliminary injunction blocking nearly all the provisions in the regulations implementing the Fair Pay and Safe Workplaces Executive Order. Notably, the court blocked provisions mandating contractor reporting of labor law violations and prohibiting pre-dispute arbitration agreements related to torts based on sexual […]
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Government Must Prove Amount of Unilateral Price Reduction

In a recent decision, the Armed Services Board of Contract Appeals held that while an agency is entitled to unilaterally reduce the scope of work of a contract, it also has the burden of justifying the amount of the reduction and the corresponding reduction in payment. In HCS Inc., the Navy attempted to descope—and not […]
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What Goes Around Comes Around: OFPP Makes Efforts to Institutionalize Category Management

The Office of Federal Procurement Policy’s continued effort to institutionalize category management principles in federal contracting could affect the number of opportunities available to federal contractors and the relative size of those contracts. In a draft of a new Office of Management and Budget Circular, OFPP proposes requiring agencies to use category management principles and […]
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Eye on Affiliation: Joint Venture Partner Not Small Due to Economic Dependence

A recent decision from the Small Business Administration Office of Hearings and Appeals highlights the importance of knowing SBA’s affiliation rules and choosing the right teaming partner. In this protest, SBA found one member of a joint venture wasn’t an eligible small business, which rendered the JV ineligible for a small business set-aside the JV […]
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GAO: “Brand Name Only” Restrictions Must Be Justified

In a recent decision, the Government Accountability Office affirmed the principle holding that agencies must have a solid justification for limiting competition to brand name-only products. On occasion, an agency might have a good reason to limit a solicitation to only brand name items, but in general agencies are prohibited from soliciting quotations based on […]
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FAR Council Finalizes Rule Imposing Restrictions On Contracting With Companies With Felony Convictions And...

Public comments on the FAR Council’s interim rule restricting contracting with corporations that have federal tax liabilities or a recent federal felony conviction highlight some of the challenges presented by the final rule. For example, in response to questions about the interim rule, the FAR Council explained the rule applies to any corporation, including pass-through […]
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GSA’s Streamlined Offer Process for Successful Legacy Contractors

The General Services Administration has made it easier for Federal Supply Schedule legacy contractors to process their new 20-year contract when they approach the end of their current 20-year contract period. Clause A-FSS-11 has been updated so that a contractor can now submit an offer for a new contract under the same Schedule at any […]
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Smith Pachter McWhorter Updates FCA Practice Guide

Smith Pachter McWhorter has published the 2016 edition of its False Claims Act Practice Guide. The guide covers the statutory framework of the False Claims Act, theories of liability and common trouble areas, and enforcement trends and notable cases, including a case study of Universal Health Servs. v. United States ex rel. Escobar. More at […]
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SBA Revises 8(a) JV Regulation—But Confusion Remains

The Small Business Administration’s revised 8(a) joint venture regulations leave some questions unanswered about the status of joint ventures: 1) Are all populated JVs eliminated, or only those where the joint venture is a separate legal entity?; 2) Which regulations do 8(a) mentor-protégé JVs follow for small business set-asides?; and 3) Can service-disabled veteran-owned small […]
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