Friday, January 22, 2021

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All Things Protest: Stay Override Challenge in a Pandemic-Related Procurement

In this episode of Crowell & Moring’s “All Things Protest” podcast, hosts Olivia Lynch and Christian Curran are joined by colleague Eric Ransom to discuss issues surrounding emergency sole source procurements, and a recent stay override decision from the Court of Federal Claims concerning a Federal Emergency Management Agency sole source contract for COVID-19 tests. […]
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Federal Court Enjoins Enforcement of Key Diversity Training Limits in Executive Order 13950

Wiley – The U.S. District Court for the Northern District of California has issued a preliminary injunction barring the Government from enforcing portions of Executive Order (EO) 13950, Executive Order on Combatting Race and Sex Stereotyping. The injunction covers EO 13950 sections that imposed limits on diversity and inclusion training by federal contractors (Section 4) […]
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DOD’s New IP Rules May Impact Contractors’ Rights in Computer Software and Technical Data

Holland & Knight – Defense contractors may soon face changes to their rights in computer software and technical data. The U.S. Department of Defense (DOD) has proposed revisions to the Defense Federal Acquisition Regulation Supplement (DFARS) designed to shift intellectual property rights terms from the current standard to terms that are more individualized by contract – […]
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GAO Publishes Fiscal Year 2020 Bid Protest Statistics

Pillsbury Winthrop Shaw Pittman – December 23, 2020, the Government Accountability Office (GAO) published its Bid Protest Annual Report to Congress for Fiscal Year 2020. The GAO’s report, which is mandated by the Competition in Contracting Act, lists its key statistics for the Fiscal Year 2020 bid protest activity. The report also includes a chart […]
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One Way or Another, Congress Will Allow a One-Year Extension of 8(a) Status for...

Crowell & Moring – Participants in the Small Business Administration’s 8(a) Business Development Program have faced a hard year—using up one of their nine years in the program during a time of unprecedented economic uncertainty.  For participants that are about to graduate, things are even bleaker.  Normally, those firms would have been preparing to compete […]
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Major Changes in Procurement of Medical and Surgical Items for Department Veterans Affairs

McDermott Will & Emery – On December 18, 2020, the United States Department of Veterans Affairs (VA) and Department of Defense’s (DoD) Defense Logistics Agency (DLA) expanded the VA’s adoption of the Defense Medical Logistics Standard Support (DMLSS) inventory management system. Over the course of a multi-year rollout, the VA and DoD will adopt a […]
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What Employers Can Expect From The Biden Administration Pt 2

Constangy, Brooks, Smith & Prophete – Generally, the OFCCP tends to shift from a focus on compliance assistance to more aggressive enforcement when transitioning from a Republican administration to a Democratic administration. I would expect the same shift this time. Here are few actions that I think we can expect from the OFCCP after President-elect […]
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Majority of FY 2020 Protests Find Some Success at GAO

Blank Rome – The Government Accountability Office (“GAO”) has released its Annual Report to Congress summarizing bid protest activity for Fiscal Year 2020 (GAO-21-281SP). The report shows that, in a unique year where COVID-19 altered procurement practices and priorities, protest activity at GAO was remarkably stable. Of note, GAO’s “effectiveness rate” this year topped 50 […]
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If It’s Not One Thing, It’s Another: Claiming Alternative Sums Not Fatal Under...

Crowell & Moring – In Constellation NewEnergy, Inc., ASBCA No. 62518 (December 8, 2020), the Armed Services Board of Contract Appeals addressed whether a claim satisfied the Contract Disputes Act’s “sum certain” requirement when it listed two alternative amounts of recovery. More at Crowell & Moring
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Key Takeaways from GAO’s Annual Bid Protest Report

By Aron C. Beezley of Bradley Arant Boult Cummings The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report. As discussed below, this year’s report is noteworthy for multiple reasons, including that it shows that protesters received some form of relief from the procuring agency in more than half of the […]
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