Tuesday, August 11, 2020

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“I Feel Pretty, Oh So Pretty”: Protester Not Prejudiced By Agency’s Failure to Assess...

Protest challenging agency’s evaluation is denied. The solicitation contemplated four awards for four geographical regions. The protester argued that the agency disparately evaluated proposals...

Trust Me, I’m Good for It: Company, Whose Parent Was Operating at a Loss,...

Protest challenging agency’s nonresponsibility determination is denied. GAO found that the agency reasonably determined the protester lacked the financial resources to perform the contract. The protester was a new entity and thus entirely dependent on its parent. The parent—with negative cash flow and a massive working capital deficit—was not in a financial position to adequately […]
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GAO Quickly Rids Itself of Bizarre Protest Involving Elaborate Relationship Between Protester and Awardee;...

Protest challenging the award of phosphorus supply contract is denied. The protester alleged that the awardee was not authorized distributor of Monsanto phosphorus as required by the solicitation. GAO found that aside from one sentence that mentioned “authorized distributors,” the solicitation did not actually require the contractor to be an authorized distributor of Monsanto phosphorus. […]
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Congressional, Executive, and Legal Developments for Government Contractors to Consider

Venable – Even in the face of the COVID pandemic, the past few months have seen several developments that impact government contractors, including notable regulatory updates and the development of new case law. This article provides an overview of these events from July 2020. Read the full post at Venable
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Five IP Consequences of Contracting With the Government

Arnold & Porter – The recent Court of Federal Claims Decision in Ideal Innovations, Inc. v. United States, now appealed to the Federal Circuit, serves as a warning to contractors—especially non-traditional government contractors—to familiarize themselves of the IP risks associated with contracting with the US government. This Advisory highlights five IP considerations that any private entity, […]
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Contractor Alert: Mandatory WOSB Certification Deadline Pending

Fox Rothschild – The Small Business Administration (SBA) finally put an end to self-certifications for the Woman-Owned Small Business Program (WOSB).  Starting now and continuing through October 15, 2020, federal contractors that want to perform future WOSB set-aside contracts must complete the certification process at www.certify.sba.gov. Read the full post at Fox Rothschild
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Absent Timely Revocation, Government Acceptance Is Conclusive

By Eric A. Frechtel & Lee-Ann C. Brown of Bradley Arant Boult Cummings In a recent decision, the Armed Services Board of Contract Appeals issued a summary judgment ruling in a case involving government claims relating to the contractor’s supply of thermal sight systems for armored vehicles. The government contended that some of the sights […]
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Major Federal Procurement Rule Gets First Try with DoD and NASA

While you were teleworking and hunting online for fashion masks, a major federal new procurement rule sprang up. Right now it only applies to the Defense Department and NASA. But it could soon come to all agencies. For what it is and how it changes things, Federal Drive with Tom Temin turned to Washington D.C. procurement attorney […]
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Senators Push for Continued Telework, Contractor Leave in COVID-19 Relief Talks

As lawmakers continue negotiations over the next round of coronavirus response legislation, senators are pushing congressional leadership to include additional provisions protecting federal employees and contractors. More at Government Executive More at Government Executive
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Senators Join Industry Groups Asking for Extension of Contractor Pay Provision

Maryland and Virginia Senators are going to bat for government contractors. They want industry to receive reimbursements under contracts that were delayed or halted because of the coronavirus pandemic. More at Federal News Network
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