Wednesday, December 2, 2020

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How a Clinton-Era Law Could Reduce Regulations on Government Contractors under President Trump

Congressional Republicans are making use of the Clinton-era Congressional Review Act to undo recently implemented federal rules and regulatory initiatives. The law authorizes Congress to vote to repeal agency rules published within the waning days of an administration, but prior to this year, the law has been used only once, in 2001, to repeal an […]
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District Court Finds Partner Wrongfully Left at the Altar Without a Subcontract

A prime contractor has been ordered to pay millions of dollars in damages and costs to a business partner it dumped after using its help to win an Army contract. In Premier Gaming Trailers, LLC v. Luna Diversified Enterprises, Inc., the U.S. District Court for the Middle District of Florida, Tampa Division held that the […]
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Leaders in the Field: Wiley Rein

While bid protest cases are one of the largest areas in which Wiley Rein’s Government Contracts Practice serves clients, the team also offers a wide range of other services to the federal contracting community. According to Practice co-chair Paul Khoury, that’s exactly what Rand Allen envisioned when he founded the group thirty years ago. “Rand […]
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VA National Acquisition Center Issues Updated Small Business Subcontracting Plan Template

The Department of Veterans Affairs National Acquisition Center has published an updated Small Business Subcontracting Plan Template, as well as information on how to complete it. Current VA NAC contract holders should ensure their new and ensuing subcontracting plans are submitted to the VA NAC for approval no later than 30 calendar days prior to expiration […]
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Don’t “Waive” Your OCI Protest Grounds Goodbye Through Untimely Filing

In its recent decision in The Concourse Group LLC v. United States and RER Solutions, Inc., the Court of Federal Claims held that the plaintiff waived its right to protest the awardee’s apparent organizational conflict of interest by waiting until after the award was made. The court found the facts contributing to the OCI allegations […]
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The Trump Executive Order Train: Why Not All Executive Orders Are Created Equal

The new administration is issuing a flurry of executive orders, but contractors shouldn’t assume that every EO will have an immediate effect on the contracting community. In some cases, orders are directed to agency leaders to express the president’s policy priorities, and require further action. Further, most orders do not grant rights to third parties […]
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5 Steps for Contractors to Meet the FAR’s Cyber Requirements

A final rule added to the Federal Acquisition Regulation last year added new cybersecurity requirements for federal contractors who process, transmit, or store federal data. The rule describes 15 categories of security controls intended to protect contractor IT systems and agency information. Adhering to the five core components of the mandate can help ensure contractors […]
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GSA Releases Horizontal Price Analysis Tool

The General Services Administration has released a new Horizontal Pricing Analysis Tool that will help agency buyers analyze price variability for identical Schedule items. The tool shows the competitive range of pricing for a specific item and whether a vendor is making an offer within that range. The tool will allow agencies to engage vendors […]
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Are Agencies Ignoring SBA’s Application of the Nonmanufacturer Rule to Resellers of Major Commercial...

Last year, the Small Business Administration required IT Value Added Resellers to comply with the nonmanufacturer rule when reselling software under NAICS Code 541519. Under the rule, an ITVAR must provide software that is development by a small business, unless a waiver to the nonmanufacturer rule is granted, but many ITVARs seem to be unaware […]
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2017 NDAA’s Impact on Audits and Cost Accounting Standards

The FY2017 National Defense Authorization Act makes three significant changes to the government’s use of cost accounting standards. The law empowers contractors to avoid Defense Contract Audit Agency audits by employing private auditors to audit their rates, provided reviewers audit indirect costs and use a relevant accounting standard. The law also creates a new and […]
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