Monday, October 19, 2020

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Section 3610 Extended Until December 11, 2020

Wiley Rein – Congress voted to extend Section 3610 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which authorizes (but does not require) agencies to reimburse contractors for the cost of paid leave incurred to keep contractor or subcontractor personnel in a “ready state” to the extent that the personnel were (i) […]
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GSA’s Take on Implementation of Section 889

By Townsend Bourne and Nikole Snyder of Sheppard Mullin On September 10, 2020, the General Services Administration (“GSA”) hosted a webinar related to its implementation of Section 889 of the 2019 NDAA – the ban relating to certain Chinese telecom companies – and associated updated FAR clauses.    Below we provide highlights from the meeting.  […]
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Proposed Changes to the Buy American Act Regulations Implementing Trump Executive Orders

By David Gallacher and Ariel E. Debin of Sheppard Mullin On September 14, 2020, the Federal Acquisition Regulatory Council published the long anticipated proposed rule amending the Federal Acquisition Regulation (“FAR”) in accordance with President Trump’s Executive Order 13881, “Maximizing Use of American-Made Goods, Products, and Materials.” As previously discussed here, the Executive Order, signed […]
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Executive Order Targets Contractor Diversity Training

Arnold & Porter – President Trump issued a controversial Executive Order on September 22, 2020 purporting to “promote unity in the Federal workforce” by addressing what the White House termed “offensive and anti-American” rhetoric in certain workforce trainings. Of relevance to government contractors, the Executive Order announces that, with certain limited exceptions, every future government contract […]
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All Things Protest: Fiscal Year Focus Areas

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, and best practices in state and federal procurement. In this episode, hosts Olivia Lynch, Rob Sneckenberg, and Christian Curran discuss items to watch for as the Government’s fiscal year changes. More […]
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SBA Clarifies that SBIR and STTR Programs Will Allow Successor-In-Interest Transfers of Awards

Koprince Law – SBA recently issued a technical amendment to its SBIR and STTR Programs Policy Directive to clarify that successor-in-interest entities are, in fact, eligible to receive phase III awards. The amendment will take effect on October 1 of this year. SBA’s Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs are […]
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A Quick Take On Trump’s Contractor Diversity Training Order

Rogers Joseph O’Donnell – On Sept. 22, President Donald Trump signed an executive order “to promote economy and efficiency in federal contracting, to promote unity in the federal workforce, and to combat offensive and anti-American race and sex stereotyping and scapegoating.” The order finds that some concepts currently included in workplace diversity training are divisive. Accordingly, […]
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GAO Rejects Contractor’s Use of AIA Bid Bond for Federal Project

Vandeventer Black –  All construction contractors know, the American Institute of Architects (AIA) provides a series of nearly 200 industry standard consensus forms that define the relationships and terms involved in design and construction projects.  While these forms are appropriate for commercial projects, contractors that perform a mix of commercial and government projects should use […]
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VA CVE Verification Appeals Must be Filed at SBA, Not VA

Koprince Law – If the VA Center for Verification and Evaluation denies a company’s application for verification as a service-disabled veteran-owned small business, the applicant has the right to appeal–but the appeal must be filed with the SBA, not the VA. In a recent case, an applicant tried to appeal its denial to the VA, apparently […]
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President Trump Issues Executive Order Banning Federal Contractors from Race and Sex Stereotyping Training

Morrison & Foerster – On September 22, 2020, President Trump signed an Executive Order on Combatting Race and Sex Stereotyping (the “EO”), prohibiting federal contractors and certain federal grant recipients from holding diversity and EEO training for their workforce that includes “divisive concepts,” such as training employees that the U.S. or an individual is “inherently […]
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