Sunday, July 12, 2020

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Federal Circuit Panel Split Over Application and Survival of Blue & Gold

Wiley Rein – In a split decision, a panel of the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) ruled that a disappointed offeror waived its right to claim that the Defense Information Systems Agency (DISA) treated offerors unequally in the small business round of the $17.5 billion Encore III procurement. Although the […]
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Industry & DoD Push for Delay in Implementing the Section 889(a)(1)(B) Prohibition

Crowell & Moring – Section 889(a)(1)(B) of the FY 2019 NDAA, scheduled to become effective on August 13, 2020, bars the Government from entering into a contract, or extending or renewing a contract, with any entity that uses certain covered telecommunications equipment or services. The prohibition against “use” of covered equipment applies broadly to a […]
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With Potential New TINA Audits on the Horizon, the ASBCA Provides a Helpful Primer...

By Frederic Levy, Peter B. Hutt II and Evan R. Sherwood of Covington & Burling Late last year, a spokesman for the Department of Defense announced without fanfare that the agency would increase audits of certified cost or pricing data under the Truth in Negotiations Act (“TINA”).  While the full effect of that enhanced focus […]
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COFC Rejects Sole Source Procurement to Replace Out-of-Favor Incumbent

Abrahams Wolf-Rodda – Years ago, a relative who owned a successful tech company told me that he’d never bid on a government contract because it’s too much of a pain. I agreed that serving the Government has its complexities; however, I pointed out that the Government usually pays its bills and its work generally doesn’t […]
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Don’t Underestimate the Force (Majeure)…and Be Sure You Understand It!

Miles & Stockbridge - With the onset of COVID-19, there is increased attention on force majeure clauses – what they are, when they can...

GAO: Single Instance of Disparate Treatment Prejudiced Protester

Koprince Law – A GAO protest can rest on a number of different grounds. One of the most fertile, however, is disparate treatment. That is, GAO is particularly sensitive to arguments that a procuring agency wasn’t even-handed in evaluating the same features or omissions in competing proposals. Read the full post at SmallGovCon
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Fastest 5 Minutes: COVID-19 Guidance and Enforcement, DoD OIG, and FAR News (June 17)

Crowell & Moring – This week’s episode covers COVID-19 guidance and enforcement, DoD OIG, and FAR news and is hosted by partner Peter Eyre and counsel Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts […]
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Who Bears the Risks of War? Federal Circuit Affirms ASBCA’s Decision that the Contractor...

Morrison Foerster – In a previous post, we reported on ECC International, LLC, ASBCA No. 60484, Nov. 16, 2018, 18-1 BCA ¶ 37203, which rejected a contractor’s claims arising out of the Government’s closure of a key access route to a construction site in Afghanistan. The Armed Services Board of Contract Appeals (ASBCA, or “Board”) […]
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GAO Awards Costs After Agency Unduly Delays Corrective Action

Koprince Law – GAO recently awarded the reasonable costs of filing and pursuing a protest to an agency’s evaluation and award decision, after finding that the agency unduly delayed corrective action in response to a clearly meritorious protest. Let’s take a look. Read the full post at SmallGovCon
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Are Pandemic-Related Contract Changes Compensable? Two Recent, Instructive Cases

By Dawn E. Stern and Ryan Carpenter of DLA Piper As the coronavirus disease 2019 (COVID-19) pandemic continues, US government contractors are asking whether they...