Friday, July 3, 2020

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You’re Not my Huckleberry: Agency Appropriately Rejected Proposal Due to Key Person’s Lack of...

Protest challenging agency’s evaluation of proposed key personnel is denied. The agency found the protester’s proposal deficient because its proposed maintenance supervisor lacked hand-on...

Agency Did Not Err in Using the Incumbent’s Quote to Establish the Government Estimate;...

Protest challenging the agency’s evaluation of price reasonableness is denied. The protester alleged the agency had unreasonably formulated the government estimate based on a quote from the incumbent. The protester contended the incumbent’s quote was self-serving and inaccurate. GAO found, however, that an agency is entitled to consider a quote from a competitor is assessing […]
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Supplemental Protest Alleging that Agency Failed to Identify Technical Strengths Is Untimely; Jacobs Polar...

Protest challenging agency’s costs realism analysis and technical evaluation is denied. The protester alleged the agency failed to evaluate the awardee’s unrealistically low costs. GAO found that the evaluation conformed to the solicitation, and that the agency reasonably concluded the awardee’s costs were realistic. The protester also alleged that the agency erred in not assigning […]
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DoD Small Business Innovation Research Contractors’ Data Rights Protections Extended to 20 Years, Government...

Wilson Sonsini – Recipients of U.S. Department of Defense Small Business Innovation Research (SBIR) grants agree to give the U.S. government rights to non-commercial computer software and “technical data” (e.g., recorded information other than software) generated under the SBIR contract. Previously, the U.S. government’s rights to use the generated software and technical data were quite limited, but […]
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DoD Enhanced Debriefing and the Automatic Stay: NIKA Offers Some Clarity but Leaves Open...

Obermayer Rebmann Maxwell & Hippel – By now, many contractors are familiar with Department of Defense (DoD) Enhanced Debriefings.  For those of you who followed along with our series on common bid protest mistakes, you might even remember that these enhanced debriefings can affect protest filing deadlines. Though the DoD deviation pertaining to enhanced debriefings has […]
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Proposed Rule Introduces Critical Changes For SBA Contractors

McCarter & English – Although many of us have canceled vacations during this (unusual) year, summer is nevertheless upon us. While we wholeheartedly recommend firing up the grill and enjoying the sunshine in the coming months, companies planning to enter into joint venture (JV) agreements to compete for Government contracts should first make sure that […]
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Top Navy Official ‘Very Concerned’ About Strike at Maine Shipyard

The U.S. Navy’s top weapons buyer is “very concerned” that more than 4,300 union workers at Bath Iron Works walked off the job Sunday, marking the first strike in two decades at the Maine shipyard. More at Defense One
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DoD Seeks Billions More For COVID-Related Delays

The Pentagon knows it needs “lower double digit billions” to cope with COVID-19 related costs, but remains vague about just how much money it is asking the White House to add to the $740 billion already requested for 2021. More at Breaking Defense More at Breaking Defense
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DOD Announces $187 Million in Defense Production Act Title III COVID-19 Actions

Today the Department is announcing five Defense Production Act Title III actions to help sustain and strengthen essential domestic industrial base capabilities and defense-critical...

Agency Reasonably Cancelled Solicitation that Did Not Satisfy Its Needs; Alliance Technology Group, LLC,...

Protest challenging the cancellation of a solicitation is denied. The protester argued that the agency cancelled the solicitation as a pretext to avoid completing...