Monday, October 19, 2020

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GAO Rules That “Highest Technically Rated Offeror” Source Selection Methodology is Permissible in a...

Rogers Joseph O’Donnell – In Sumaria Systems, Inc., B-418796 (Sept. 9, 2020), the Government Accountability Office (GAO) ruled that agencies may award task orders under Federal Acquisition Regulation (FAR) subpart 16.5 to the highest technically rated offeror (HTRO) with a realistic and reasonable price.  The HTRO methodology is different from more common source selection methods, […]
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Proposed FAR Amendment Strengthens Domestic Preferences Under the Buy American Act

Smith Pachter McWhorter – The U.S. Department of Defense (DOD), the National Aeronautics and Space Administration (NASA), and the U.S. General Services Administration (GSA) proposed to amend the Federal Acquisition Regulation (FAR) to enforce Executive Order 13881, which seeks to strengthen domestic preferences in government procurements.  Once final, the rule will amend current FAR provisions […]
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Trump Administration Bans Contractors from Providing Certain Types of Diversity Training

Blank Rome – On Tuesday evening, the Trump administration surprised the federal contracting community by issuing an Executive Order (“EO”) titled “Combating Race and Sex Stereotyping” that will ban federal contractors from conducting certain types of anti-discrimination training. In particular, the EO prohibits workplace racial sensitivity and diversity and inclusion (“D&I”) training programs that contain […]
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Choosing NAICS Codes: In the Size of the Beholder

Abrahams Wolf-Rodda – Ok, this is a cliche, but I’ll say it anyway—no good deed goes unpunished. Many small businesses that succeed in developing a robust portfolio of government contracts often wake up one day to learn that they’ve grown too big for their britches. Why? Because the small business size standards that once afforded […]
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Executive Order on Combating Race and Sex Stereotyping Bans Some Diversity Training, Raises Significant...

Crowell & Moring – With just six weeks remaining before the presidential election, President Donald Trump has issued an “Executive Order on Combating Race and Sex Stereotyping,” which bans federal contractors from utilizing training that “inculcates in its employees any form of race or sex stereotyping,” which is defined as “ascribing character traits, values, moral […]
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Defense Spending: What To Expect in CY 2021

Baker Donelson – At approximately $740 billion (plus), the Department of Defense will remain the Agency with the largest share of federal discretionary spending no matter who wins the November elections. However, in 2021, the overall discretionary budget will deal with greater pressures from Democrats to create more room for domestic programs in an effort […]
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The FAR Council Issues Proposed Rule to Implement Executive Order on Significant Buy American...

McCarter & English – Halloween is coming up and, right on cue, the FAR Council has released a proposed rule that has potentially frightening implications for contractors. Last year, on July 15, 2019, the president signed Executive Order 13881 (the E.O.), Maximizing Use of American-Made Goods, Products, and Materials (84 FR 34257, July 18, 2019). […]
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Government Releases Long-Awaited Answer on SBIR Technical Data Rights

By Erin Davis and Suzanne Sumner of Taft Law Under the federal Small Business Innovation Research (SBIR) program and the companion Small Business Technology Transfer (STTR) program, small businesses are encouraged to engage in research and development on behalf of the federal government with the end goal of commercializing newly developed or improved upon technology. […]
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GSA’s Federal Acquisition Service Over-Reported Small Business Contracts by $89 Million

Koprince Law – Every year, when the SBA releases its annual Small Business Procurement Scorecard, I hear from a few folks who mistrust the data. “I think small business awards are being over-reported,” is a pretty common theme for Scorecard skeptics. A new GSA Office of Inspector General report is a reminder that it’s not paranoia […]
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Important Considerations When Structuring M&A Transactions for Government Contractors: OCI, Reps and Warranties, and...

PilieroMazza – Our three-part series on government contractor M&A transactions provides an overview of key regulatory and industry-specific considerations that can impact all aspects of a deal. Part 1 is available here. It covers pre-transaction novation and affiliation issues. In Part 2, we move onto the transaction itself, diving into the potential for organizational conflicts […]
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