Tuesday, January 25, 2022

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Agency Not Required to Equalize Competition to Accommodate Protester’s Business Decision; Shamrock Marine Towing...

Protest alleging that solicitation was unclear is denied. The protester argued that the solicitation’s pricing structure did not provide sufficient information for offerors to fairly compete. GAO found that the pricing structure was clear. The pricing structure as written may have disadvantaged the protester given its approach. But agencies are not required to equalize a […]
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Supreme Court Nixes OSHA Vaccine-Or-Test Mandate But Okays Healthcare Worker Vaccine Mandate

Morrison & Foerster – The Supreme Court has blocked a Biden administration rule relating to COVID-19 vaccine requirements, while allowing another to take effect. The now-blocked rule, issued by the Occupational Safety and Health Administration (OSHA), was a “vaccine or test” mandate: it applied to employers with 100+ workers, and it would have required employees to either […]
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PPP Loan Forgiveness Appeal Process: 4 Steps to Knowing and Protecting Your Rights

PilieroMazza – The Small Business Administration (SBA) released its Paycheck Protection Program (PPP) Loan Forgiveness application way back in May of 2020.  Since then, PPP forgiveness continues to cause confusion among businesses, especially federal contractors.  Since the release of the original forgiveness application, most PPP borrowers eligible for loan forgiveness have submitted for forgiveness and, […]
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SBA Eliminates Use of Product Service Codes For Nonmanufacturer Rule Class Waivers

Koprince McCall Pottroff – As January 5, 2022, SBA will no longer use Product Service Codes (PSCs) to classify products covered by class waivers for the nonmanufacturer rule. SBA’s rationale for discontinuing PSC’s to classify class waivers is to “improve consistency in the application of class waiver.” SBA will use North American Industry Classification System […]
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Your Federal Contractor Minimum Wage To-Do List

Abrahams Wolf-Rodda – By now you should have heard about the impending implementation of President Biden’s Executive Order 14026 (“New EO”) that increases the minimum wages to be paid to employees who work on certain federal contracts. My purpose today is to suggest some actions that you should be taking now to get ready for the […]
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Aspiring Defense Contractors New to the Market Describe Difficulty Getting Attention

Top planners in the Pentagon and in the armed services have talked for years about the need to obtain innovation from small business. But according to my next guest, would-be companies new to the Defense market say they have trouble getting an audience, much less a contract. And that has implications beyond the small companies […]
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New Interagency Council Will Further ‘Made in America’ Efforts

“From day one, President Biden has made clear that when the federal government spends taxpayer dollars, it should support American workers and businesses,” said an administration official. More at Government Executive
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You Ain’t All That: Protester Claimed Agency Failed to Recognize Proposal’s “Unique Capabilities,” But...

Protest objecting to agency’s evaluation is denied. The protester argued the agency failed to properly assess concerns with the awardee’s proposal and the benefits...

Assertion of Claim for Interest Damages Against Government Does Not Deprive Board of Jurisdiction...

Government’s motion to dismiss appeal for lack of jurisdiction is denied. The contractor claimed it was entitled to interest damages. The government argue that it has not waived its sovereign immunity for claims over interest damages, so the board lacked jurisdiction over the appeal. The board, however, reasoned that under the CDA, the government has […]
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Economic Harms Commonly Suffered by Disappointed Bidders Are not the Type of Irreparable Harm...

Protester’s request for a suspension of performance during the pendency of a protest is denied. The FAA found the protester was unlikely to succeed on the merits. Moreover, the only harm that the protester alleged was the normal economic harm suffered by any disappointed bidder. That type of speculative harm is not irreparable and does […]
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