Thursday, April 15, 2021

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Contractor Can’t Claim Defective Specifications When It Did Not Fully Comprehend or Comply with...

Appeal alleging defective specifications and constructive change is denied. A contractor can only recover on a defective specification claim if they relied on the...

GAO Finds that Protest Is Essentially an Untimely Request for Reconsideration; VS2, LLC, GAO...

Protest challenging agency’s award of a contract following a previous protest is dismissed. GAO found the new protest was essentially a request for reconsideration of the previous protest. GAO reasoned that the new protest did not provide a basis for reconsideration. The protester either restated arguments from the previous protest or asserted new arguments it […]
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Protester Not Prejudiced by Agency’s Waiver of Material Solicitation Requirement; Gemini Tech Services, Inc.,...

Protest challenging agency’s evaluation of the awardee is denied. The protester asserted that the awardee’s proposal was unacceptable due to a failure to provide information required by the solicitation. GAO found that the agency had waived the requirement in question and that the protester had not been prejudice by the waiver. The protester alleged that […]
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Government Contracts Legal Round-Up | 2021 Issue 6

Jenner & Block – Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update will offer brief summaries of key developments for government contracts legal, compliance, contracting, and business executives. Regulatory Update 1. Class Deviation 2021-O0003: DFARS 252.239-7098 Prohibition on Contracting to Maintain or Establish a […]
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U.S. Senators Propose Trade-Pact Waivers Amidst Focus on Domestic Preference Laws

By Robert Huffman, Jennifer Plitsch, Sarah Shepson, Michael Wagner and Carl Wiersum of Covington & Burling The American Rescue Plan, signed into law last month, includes $1.9 trillion in economic stimulus, healthcare, and related funding.  And just last week the Biden administration released an infrastructure proposal, the American Jobs Plan, that includes $2.3 trillion in […]
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What Feds Should Know About Waivers, Non-Disclosure and Non-Disparagement Agreements

Most federal agencies have standard terms for resolving claims of discrimination, whistleblower retaliation, MSPB appeals, or other administrative claims. More at Government Executive
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White House Releases Topline Budget Numbers

The release of the top budget numbers will set the stage for a months-long battle on Capitol Hill between budget hawks and an emboldened progressive wing of the Democratic Party over spending priorities. More at Breaking Defense
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Protester’s Proposed Personnel Greatly Exceeded RFP’s Experience and Education Requirements, But Agency Found them...

Protest challenging agency’s evaluation of proposals is denied. The protester alleged the awardee’s proposal did not meet the solicitation’s requirements for security clearances. GAO...

Court Rejects Bait-and-Switch Allegation Because Argument Was Premised on Conjecture; The Severson Group, LLP...

Protest challenging the award to a state licensing agency under the Randolph-Sheppard Act is denied. The protester argued that the evaluation of the awardee’s staffing plan was flawed because the awardee’s proposed staffing diverged from the historical labor hours. The court, however, found that historical labor hours had been provided for informational purposes; offerors did […]
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GAO Finds that Protester Misinterpreted the Meaning of “Gloves”; Global-PPE, Inc., GAO B-419536

Protest challenging protester’s elimination from the competition is denied. The solicitation sought 60 million exam gloves for immediate delivery. The agency rejected the protester’s quotation because the protester only proposed 5 million gloves for immediately delivery. The protester argued that the requirement for immediate delivery only applied to the gloves it had on hand at […]
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