Tuesday, January 25, 2022

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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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December 2021 Bid Protest Roundup

By Roke Iko of Morrison & Foerster This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (GAO) decisions and one recent Federal Circuit decision. These decisions involve (1) the risks of using former government employees in the proposal process, (2) the requirements for an agency’s brand-name justification, and (3) whether there is […]
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Agency Failure to Consider Impact of Corporate Transaction Renders Award Decision Infirm

Crowell & Moring – The acquisition and consolidation of government contractors has become increasingly prevalent in recent years. GAO’s recently released decision in Vertex Aerospace, LLC, B‑420073, B-420073.2, Nov. 23, 2021, serves as an important reminder to contractors that failure to properly update a procuring agency about such transactional activity can have adverse impacts on […]
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Loose Lips Sink Ships: Award Revoked for Relying on Inside Information from Former Navy...

Koprince McCall Pottroff – We want to make something clear: simply having a former government official as an employee does not mean your company can’t bid on federal contracts or needs to let that person go. The government, while it puts certain restrictions in place, doesn’t forbid government contractors from hiring former government employees, and […]
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PPP Appeal Process Overview

By Aron C. Beezley & Nathaniel J. Greeson of Bradly Arant Boult Cummings In 2022, there will inevitably be an uptick in the number of appeals of Small Business Administration (SBA) loan decisions in the Paycheck Protection Program (PPP) context. This is due simply to the passage of time, to the point where a significant […]
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Biden’s “Clean Energy” Directive’s Impact on Government Contractors

By Todd Overman of Bass Berry & Sims On December 8, 2021, President Biden issued Executive Order (EO) 14057 “Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability.” The EO is the administration’s most recent effort to achieve “a carbon pollution-free electricity sector by 2035 and net-zero emissions economy-wide by no later than 2050.” Federal […]
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Declassified Report Details Afghan Air Force Reliance on Contractors

Watchdog warned that without help, the Afghan Air Force would collapse. More at Government Executive
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Will TransDigm Again Pay Back the Pentagon? ‘It’s Not a Yes or No Answer’

During a Congressional hearing today, executives at aircraft spare parts manufacturer TransDigm were noncommittal about repaying nearly $21 million the Pentagon inspector general has dubbed “excess profit,” arguing instead that the company had actually given the department discounted rates. More at Breaking Defense
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Fishin’ in the Dark: “Naked Assertions” of Collusion in Award of Trout Supply Contract...

Protest challenging award of contract for supply of trout is dismissed. The protest, which was filed more than 10 days after award, was untimely....

FAA Determines that Friday After Thanksgiving Is a Business Day; Protest of RELX Inc....

Protest challenging the FAA’s posting of solicitation is dismissed. The FAA found the protest untimely. While the protester claimed it was protesting the advertising of the solicitation, the FAA found that this was essentially a challenge to the terms of the solicitation. The protester had not filed its challenge to the solicitation before the proposal […]
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