Thursday, February 25, 2021

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$500B Worth of the Economy Waiting on Biden White House Procurement Plans

Some solid career people are keeping the lights on at the Office of Federal Procurement Policy. But the Biden administration has so far given few signals about what it plans to do with federal procurement. For what we might expect to see, Federal Drive with Tom Temin turned to former OFPP administrator, now a partner […]
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What to Expect in 2021 Merger Enforcement: Trends and Developments from 2020

Arnold & Porter – Despite the economic disruptions brought on by the coronavirus pandemic, including a shift to remote work, deal activity was robust with both businesses and the antitrust authorities adapting to the new challenges. In fact, the US antitrust enforcement officials continued to be aggressive in 2020 in what the FTC itself described […]
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ASBCA Denies Claim Premised on a Reading of the Film “The Magnificent Seven”; Appeals...

Claim challenging a termination for default and seeking delay damages is denied. The contractor claimed that it was entitled to an extension of the...

Talk to the Hand: Agency Not Required to Hold Discussions with Offeror Eliminated from...

Protest challenging agency’s evaluation of proposals is denied. The protester alleged the agency applied unstated criteria. GAO found that instead of applying unstated criteria, the agency had simply found that the protester did not demonstrate an understanding of the work. The protester contended the agency disparately evaluated proposals. But GAO found that the proposals were […]
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Contractor Recovers Costs Incurred in Removing Larger-than-Expected Floating Fish Collector; Appeal of Central Diversified...

Claim seeking costs associated with the removal of a fish collector is granted in part. The agency had represented that its fish collector weighed 15,000 pounds, but it actually weighed over five times more. The contractor had to use a bigger-than-expected crane to remove the collector and thus submitted a claim for the costs of […]
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Biden Administration Prioritizing Federal Contractor Workforce Protections

Blank Rome – Protection of the workforce is a major focus of the Biden Administration. Rather than attempting to pass new legislation or amend existing statutes, the path of least resistance in the short term appears to be the use of executive orders to implement or, as here, rescind Trump Administration Executive Orders and put […]
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Limitations on Subcontracting: Compliance Presumed Unless Proposal Clearly Shows Otherwise

Koprince Law – America’s criminal justice system is founded on the principle that a defendant is innocent until proven guilty. And when it comes to compliance with the limitations on subcontracting, a similar principle applies. In a recent bid protest decision, the GAO confirmed that a small business’s proposal does not need to affirmatively demonstrate compliance […]
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Fastest 5 Minutes: Domestic Preferences, Regulatory Freeze, Bid Protests, Executive Orders (February 5)

Crowell & Moring – This week’s episode covers domestic preferences and American-made goods, the regulatory freeze memo, a bid protest decision about discussions, and an Executive Order that focuses on using the procurement process to address the Biden Administration’s climate policy, and is hosted by partner Peter Eyre and counsel Monica Sterling. Crowell & Moring’s […]
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Why Systemic Bias Exists in Government Contracting Programs

President Joe Biden issued an executive order to advance racial equity and support underserved communities. The executive order promotes racial equity and emphasizes that advancing that ideal requires a systemic approach to embedding fairness in the decision-making process; it encourages agencies to recognize inequities in their policies and programs and work to redress them. Agencies […]
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Antitrust Regulators Extend Review of Lockheed’s Proposed Purchase of Aerojet Rocketdyne

The announcement comes the day after Raytheon’s CEO said his firm would challenge the deal. More at Government Executive
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