Thursday, October 22, 2020

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The Fed Releases Additional Guidance, Forms And Agreements For Main Street Lending Program

Vinson & Elkins - On May 27, 2020, the Federal Reserve Bank of Boston released additional guidance in the form of revised Frequently Asked...

Boards of Contract Appeals Will Prod Contracting Officers to Issue Final Decisions

In a recent decision, the Armed Services Board of Contract Appeals signaled its willingness to compel contracting officers to issue a final decision on a pending certified claim when the contractor has waited an unreasonable amount of time for a determination. In Volmar Construction Inc., ASBCA concluded the agency did not justify the 10-month lag […]
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CBCA Orders a Federal Contractor to Play the “Waiting” Game

In its recent decision in Stobil Enterprise v. Department Veterans Affairs, CBCA No. 5616, the Civilian Board of Contract Appeals allowed the agency contracting officer four months to issue a decision on the contractor’s claim. The contractor filed its certified claim on November 28, 2016, and on January 27, the contracting officer notified Stobil that […]
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U.S. Companies Caught in Limbo as Huawei and Sixty-Eight of Its Subsidiaries Were Added...

On May 16, 2019, the U.S. Bureau of Industry and Security issued a final rule amending the Export Administration Regulations to add Huawei Technologies Co., Ltd. and its sixty-eight non-U.S. affiliates to the Entity List. China countered by furious rhetoric and threats of counter measures including an “Unreliable Entity List” targeting persons and companies stopping […]
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BOS Contractors Beware: Did the Contracting Officer Order the Work?

In base operating support (BOS) services contracts, end users and Contracting Officer’s Representatives can call in maintenance requests for the BOSS contractor to perform.  When these requests are within the scope of the contract, the contractor can usually proceed with the work.  However, if the request exceeds the scope of the contract, the contractor needs […]
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Increased Progress Payments: DoD Adjusts Procurement Rules to Increase Liquidity

Last Friday the Department of Defense (DoD) issued a deviation that will permit it to increase Progress Payments from 80% to 90% for large businesses and 85% to 95% for small businesses.  Where the provision is included, this contract financing mechanism authorizes the federal government to pay contractors 90% of the total costs they have incurred […]
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Measuring DCAA’s Actual Progress on Incurred Cost Proposals

In a recent article, Dave Nadler, chair of Blank Rome’s government contracts practice group, and David Yang, a partner in the group, discuss the Defense Contract Audit Agency’s progress on incurred cost proposals. DCAA recently announced that it would again provide audit services to non-defense agencies after reducing its backlog of DoD ICP audits. Although […]
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Administration Ready to Use DPA to Address COVID-19 Shortages

On March 18, President Trump issued an Executive Order invoking the Defense Production Act (DPA), a tool that may help the administration combat the...

All Things Protest: Coronavirus Impacts on Procurements and Protests

Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases,...

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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