Monday, January 25, 2021

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Pentagon Tackling Adversarial Capital with New Trusted Marketplace

The Pentagon recently launched what it calls a “trusted digital marketplace” that officials hope will deter adversarial investment in the defense industrial base, said the Pentagon’s chief weapons buyer Jan. 13. More at National Defense Magazine
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Austin Pledges to Recuse Himself from Military Decisions Involving Raytheon

Lloyd Austin pledged to recuse himself for four years from making decisions that involve his current employer Raytheon Technologies should the Senate confirm him as defense secretary. More at Defense One
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DOD Does Away with Diversity Training Modification for Contractors

The Pentagon eliminated a class deviation that implemented the president’s executive order purging diversity training across federal grants and contracts. More at Federal Computer Week
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GAO Reaffirms that Agencies Have Discretion in Deciding to Set Aside Task Orders Under...

Protest challenging agency’s decision to not set aside a task order for small businesses is denied. The protester and the SBA contended that the...

Agency Not Required to Adjust Contract Price to Reflect Increase in Korea’s Minimum Wage;...

Appeal of claim seeking a price adjustment to cover the costs of increase in the minimum wage in Korea is denied. The contractor alleged the government breached the duty of good faith and fair dealing by requiring the contractor to comply with Korean labor laws but not including a price escalation clause to cover the […]
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Purported Non-Monetary Claim Really a Monetary Claim that Lacked a Sum Certain; Appeal of...

Appeal of an alleged non-monetary claim is dismissed for lack of subject matter jurisdiction. The claim asked the board to determine completion date of the contract. When the only consequence of a claim would be that the plaintiff obtaining monetary damages, then the claim is monetary. Here, the only consequence of the board determining completion […]
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Keepin’ It Real: GAO Finds Agency’s Cost Realism Evaluation Unobjectionable; Apogee Engineering, LLC, GAO...

Protest challenging agency’s evaluation of cost realism and management approach is denied. GAO found that the cost realism evaluation reasonable. The agency compared offerors’ rates to the Bureau of Labor Statistics data and to each other. The agency conducted exchanges with offerors and obtained additional cost information. The protester also alleged that the agency assessed […]
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Fastest 5 Minutes: NDAA FY2021, Section 3610, Executive Order 13950

Crowell & Moring – This week’s episode of “Fastest 5 Minutes” covers important developments concerning the nationwide court order enjoining the Executive Order on Combating Race and Sex Stereotyping, GAO’s annual report regarding protest filings, extension of the reimbursement period for Section 3610 of the CARES Act, and the National Defense Authorization Act for Fiscal […]
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Reverse Auctions: Proposed Rule Poised to Strengthen Regulatory Framework

Koprince Law – The DoD, NASA, and GSA have proposed new rules aimed at providing transparency for reverse auctions after GAO reports in 2013 and 2018 signaled the need for guidance on reverse auctions to achieve cost savings and reduce fees. As context, the FAR was amended in 1997 to allow for the use of […]
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FY21 National Defense Authorization Act: Ringing in 2021 with Long-Awaited Defense Funding

Venable – Following a New Year’s Day 2021 congressional override of President Trump’s veto, the Fiscal Year 2021 National Defense Authorization Act, H.R. 6395  (FY21 NDAA), including its numerous provisions altering the legal and regulatory framework under which government contractors operate, became law. The following discussion summarizes key areas where government contractors, including small businesses, […]
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