Wednesday, December 2, 2020

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GAO Upholds Waiver(s) of OCI Allegations

In its recent decision in Concurrent Technologies Corporation, the Government Accountability Office denied a protest alleging the awardee had an organizational conflict of interest arising from its work providing procurement support services to the Department of Defense. Although the Navy contracting officer concluded the awardee did not have an OCI, he also asked the head […]
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Money for Nothing: Recovering Bid Protest Attorneys’ Fees

In two recent decisions, the Government Accountability Office provided some insight on how it determines whether to recommend a protester be reimbursed the reasonable costs of filing and pursuing a protest, which requires a protest argument to be clearly meritorious and an undue delay on the agency’s part taking corrective action. In one case, GAO […]
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New Administration’s Impact on Government Contractors

During its first few weeks in office, the new administration has engaged in a flurry of activity, including actions affecting government contractors, such as the temporary suspension of contract and grant awards at the Environmental Protection Agency. Although future decisions are impossible to predict, campaign promises and initial actions suggest the administration will pressure contractors […]
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Pre-Award Audit: Is it Time to Panic?

Federal contractors should be prepared if chosen by the General Services Administration Office of Inspector General for a pre-award audit of Commercial Sales Practice pricing information. The audit provides GSA assurance that a vendor’s CSP information is an accurate, current, and complete description of its practices and pricing, and provides a basis for pricing a […]
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Warning for Public Company Defense Contractors: DCAA is Not the Only Accountant Examining Your...

A recent Securities and Exchange Commission action against a federal contractor highlights the importance of having a strong internal compliance and investigation program, as well as the potential a company’s financial records could come under review by more than one federal entity. In L3 Techs., Inc., Rel. No. 3844, L3 Technologies agreed to pay the […]
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Cost Claim Corner: Recent Board Decisions Rein In Government Cost Claims

Two recent decisions from the Armed Services Board of Contract Appeals rein in the government’s ability to recoup costs from its contractors. In Lockheed Martin Integrated Sys., Inc., ASBCA Nos. 59508, 59509, the board confirmed that a prime contractor’s responsibility for managing its subcontractors does not extend to overseeing the subcontractors’ final indirect cost rate […]
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Contractors Should Prepare for Challenges Posed by New Administration’s Shifting Budget Priorities

The new administration’s stated priorities suggest agencies should prepare for budget uncertainty, as defense and homeland security budgets spike and others are expected to take a hit. Contractors doing business with an agency whose funding is likely to decrease should consider a number of potential factors for their business, including the impact of spending cuts […]
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Ostensible Subcontractor Rule: SBA OHA Confirms “Four Key Factors” To Avoid

In its recent decision in Size Appeal of Charitar Realty, SBA No. SIZ-5806, the Small Business Administration Office of Hearings and Appeals identified four key factors that highly suggest a prime contractor and subcontractor are affiliated under the ostensible subcontractor rule. The four factors OHA considers key to determining such a relationship are whether: (1) […]
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Congress Strikes Blow to “Fair Play and Safe Workplaces”

The House recently used its authority under the Congressional Review Act to vote to disapprove the Obama administration’s Fair Pay and Safe Workplaces executive order and implementing regulations. The resolution now goes to the Senate for consideration; if passed by the Senate and signed by the president, the rules will be permanently blocked from going […]
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FAR Updates That May Impact Your Small Business

Effective January 13, 2017, several new rules were incorporated into the FAR that could affect small businesses. The new rules apply to the uniform use of line items; acquisition threshold for special emergency procurement authority; contractor employee confidentiality agreements; contracts under the Small Business Administration’s 8(a) program; and the prohibition on reimbursement for congressional investigations […]
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