Wednesday, October 28, 2020

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2017 NDAA Establishes Preference For DoD Fixed-Price Contracts

The 2017 National Defense Authorization Act creates a preference for the Department of Defense to use fixed price contracts and requires programs to obtain executive approval of cost-reimbursement procedures for certain high-value acquisitions. Within 180 days for the bill’s enactment, DoD must amend the DFARS to establish a preference for fixed-price contracts, including fixed-price incentive […]
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Dentons Urges Court to Permit Contractor Recovery of Increased Multiemployer Pension Withdrawal Costs Under...

Members of Dentons’ US Government Contracts practice have filed an amicus brief on behalf of the Professional Services Council brief with the US Court of Appeals for the Federal Circuit in Call Henry, Inc. v. United States. At issue in Call Henry is whether the Service Contract Act and its implementing regulations entitle a contractor […]
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2017 NDAA Creates Pilot Program for Subcontractors To Receive Past Performance Ratings

The 2017 National Defense Authorization Act creates a new pilot program that will allow first-tier subcontractors to request past performance ratings from the government. Subcontractors will be able to provide a suggested rating, but will have to justify its rating in a written report. The application will then be reviewed by the agency Office of […]
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From Obama to Trump: Opportunities and Risks in Influencing a New Regulatory and Policy...

In a new webinar, members of Venable’s Legislative, Political Law, and Regulatory groups address questions concerning the policy changes likely to take place in the first 100 days of the next administration. Speakers include Mark L. Pryor, Partner, Venable LLP, Former U.S. Senator; John F. Cooney, Partner, Venable LLP, Former Deputy General Counsel for Litigation […]
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A Data-Driven Look at the GAO Protest System

In this blog post, Wiley Rein takes a deep dive into the Government Accountability Office’s annual summation of bid protest activity and what the data means for federal contractors. According to GAO, the number of protests filed increased by five percent last year, while the number of sustained protests doubled and the use of alternative […]
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Mentor-Protégé Joint Venturing: Friend or Foe?

Companies in approved mentor-protégé relationships may form joint ventures to pursue set-aside work, even if not all the joint venture partners are small businesses or otherwise qualify for the socioeconomic status of the set-aside. However, some contractors question why they should form a joint venture when they can pursue the work in a more typical […]
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Employment Law Compliance Should Remain A Top Concern in 2017

The results of the November election should not lull contractors into a state of complacency about the durability of executive orders and regulations mandating sick leave, a minimum wage, and other benefits for federal contractor employees. State and local governments have been increasingly active in passing legislation governing employers, including increased minimum wage requirements, paid […]
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New Guidance on Contractor Risk Management Under the Human Trafficking Rule Released

Proposed new guidance on anti-trafficking risk management is intended to help contractors implement anti-trafficking requirements and understand the government’s expectations for compliance. The memorandum outlines a series of best practices and mitigation considerations designed to inform contracting officers’ assessments of whether contractors are effectively carrying out their compliance responsibilities. The guidance also states that if the […]
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Legislation Restores GAO Civilian Task Order Protest Jurisdiction (for Good this Time?), But Introduces...

The 2017 National Defense Authorization Act will restore and make permanent the Government Accountability Office’s jurisdiction to hear protests of civilian agency task orders valued over $10 million. The bill also increases to $25 million the jurisdictional threshold for task orders issued by the Department of Defense. Pending GAO protests are unlikely to be affected, […]
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Enhancing Whistleblower Protections for Contractor Employees (Permanently?)

Congress has passed a new bill strengthening whistleblower protections for contractor and grantee employees. The bill makes permanent a pilot program ensuring that civilian contractor employees are protected from retaliation, specifically mandating that anyone exposing the misuse of federal funds may not be demoted, discharged, or discriminated against because of the disclosure. A successful defense […]
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