Friday, May 7, 2021

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Biden Administration Cancels Border Contracts, Returns Funds to Pentagon

The Biden administration announced on Friday it’s canceling border wall contracts from the Trump administration, returning previously diverted funds and repairing damage to border communities. More at Government Executive
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Administration Formally Launches Program Giving Feds Up to 15 Weeks Off for COVID-19 Related...

Congress created a $570 million fund for the initiative, and once that runs out, workers will have to take personal leave or leave without pay. More at Government Executive
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Request for Proposals for Black Hawk Replacement Slated for Summer

Following the release of a draft request for proposals late last year, the Army is planning to drop a final request for proposals for its Future Long-Range Assault Aircraft sometime this summer, said an official April 30. More at National Defense Magazine
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COFC Interprets Peculiar Statute of Limitations in CDA’s Anti-Fraud Provision, Finds Limitations Period Only...

Government counterclaim asserted under the CDA’s anti-fraud provision is dismissed as barred by the statute of limitations. The CDA’s anti-fraud provision states that there...

Contractor Can’t Recover Under Constructive Change Theory If It Didn’t Actually Perform the Changed...

Appeal of a COFC decision denying contractor’s constructive change claim is denied. The contractor argued that the agency had constructively changed the contract by requiring more productive hours per employee than stated in the contract. The Federal Circuit agreed there had been a constructive change. The problem was that the contractor admitted that it provided […]
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Court Finds Agency Created a “Platypus of a Procurement,” Drawing Bits from both FAR...

Protest challenging the conduct of exchanges and the evaluation of past performance is denied. The solicitation stated that the procurement would be conducted under FAR Part 13, but it also stated that the agency may conduct exchanges with some or all of the offerors. The agency did, in fact, conduct exchanges with some of the […]
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GAO Finds that Protest Challenging Award of Smokejumper Contract Is All Smoke, No Fire;...

Protest challenging the award of a smokejumper contract is denied. The protester argued the agency had failed to consider the ways in which its proposed aircraft was superior to the awardee’s. But GAO found that the protester had not explained how its aircraft was superior under the solicitation’s criteria. The protester argued that it was […]
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SBA OHA: Ownership and Control are Not the Same in the WOSB Program

Koprince Law – A company learned the hard way that just because their business is majority owned by a woman, it doesn’t mean they are a Women-Owned Small Business (WOSB) in the eyes of the SBA. The question is one of both ownership and control. Read the full post at SmallGovCon
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Government Contracts Legal Round-Up

Jenner & Block – Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal, compliance, contracting, and business executives. Please contact any of the professionals at the bottom of the update for further information on any […]
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Biden Signs EO for $15 Federal Contractor Minimum Wage

Wiley – As anticipated, President Biden issued an executive order (EO) on Wednesday raising the minimum wage to $15 for many employees of federal contractors, effective January 30, 2022. All agencies will need to incorporate the new minimum wage into their solicitations and incorporate it into existing contracts at option exercise or other extension or […]
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