Saturday, October 16, 2021

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The New COVID-19 Executive Order Is Not Just for Contractors

Venable – President Biden issued Executive Order 14042 titled Ensuring Adequate COVID Safety Protocols for Federal Contractors, which requires the inclusion of a clause in certain contract and contract-like instruments mandating compliance “with all guidance for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force[.]” While the order explicitly omits grants from […]
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With All of the Mandates and Threats, Should Companies Really “Want” Federal Contracts?

Between COVID-related mandates and burgeoning cybersecurity requirements and False Claims Act threats, is it still worth the trouble for companies to try and obtain federal business? Well there\’s an irony here: if you are in fact secure, and you\’ve got the best mousetrap, a contract is more important than ever. For one expert take, Federal […]
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Class Deviation—Threshold for Obtaining Certified Cost or Pricing Data for Subcontracts and Price Adjustments

Effective immediately, contracting officers shall use $2 million, in lieu of $750,000 at Federal Acquisition Regulation (FAR) 15.403-4(a)(1), as the threshold for obtaining certified cost or pricing data for the award of a subcontract, at any tier, or a change or modification made to a prime contract or subcontract, at any tier.
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Requiring Offerors to Disclose Identity of Customers Is Not Unduly Restrictive; Tata American International...

Protest alleging that solicitation was unduly restrictive is denied. The solicitation required offerors to identify their past customers. The protester argued this requirement placed...

Gone But Not Forgotten: ASBCA Affirms that Laches Is No Longer an Affirmative Defense...

Government’s motion to strike contractor’s affirmative defense of laches is granted. The government asserted a defective pricing claim against the contractor. The contractor appealed,...

GAO Can’t Hear Protest When Procuring Entity Is Not a Federal Agency; Qwest Government...

Protest challenging award is dismissed for lack of jurisdiction. The award was made by the AgFirst Farm Credit Bank, a government-sponsored but borrower-owned bank. GAO only has jurisdiction to hear protests challenging solicitations or contracts issued by federal agencies. AgFirst is not a federal agency. GAO could not hear the protest. The AgFirst-Farm Credit Bank […]
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VA Contracting Officers May Now Use Veteran Employment Preferences in Competitive Acquisitions

Koprince McCall Pottroff – Newcomers to the federal marketplace are often surprised when they learn that eligibility for the VA’s SDVOSB and VOSB preference programs are based on the status of the contractor’s owners–and have nothing to do with how many veterans the contractor employs. While the SDVOSB/VOSB eligibility rules aren’t changing, VA Contracting Officers now […]
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Biden’s Competition Council Holds Inaugural Meeting to Discuss Competition Policy Priorities

Vinson & Elkins – On September 10, the newly-formed White House Competition Council held its inaugural meeting, bringing together eight cabinet members and the leaders of seven independent agencies, to discuss the actions they are taking “to help lower prices for American families by boosting competition” in the U.S. economy, and to “plan the group’s […]
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What to Do Now: Task Force Seeks Broad Coverage and Stringent COVID-19 Protocols for...

Morrison & Foerster – On September 24, 2021, the Safer Federal Workforce Task Force issued guidance on President Biden’s Executive Order 14042. Although the Guidance recognizes that the Order is limited to only certain types of contracts, the Task Force strongly encourages federal agencies to apply these requirements broadly to nearly all federal contracts entered into, modified, […]
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FAR Proposed Rule – Certification of Women-Owned Small Businesses

The FAR Council has proposed a rule that requires women-owned small business concerns and economically disadvantaged women-owned small business concerns to be certified by the Small Business Administration, a Federal agency, a State government, or a national certifying entity approved by SBA in the WOSB Program to be eligible for set- aside or sole-source awards. […]
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