Monday, July 13, 2020

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Reflections on Federal Procurement Community’s Ability to Adapt, Succeed

As many of you know my home office has been the back porch of our home, sharing it with my office mate and faithful companion, our dog, Larry “Bird” Waldron. With the heat of summer now upon us in Washington, D.C., I have been forced inside and, based on a vote of my family, relegated […]
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NDAA Is Not the Only Congressional Activity Contractors Are Watching

The National Defense Authorization Act is the most visible thing on which Congress is making progress. But it’s not the only thing. Intelligence, the budget and several procurement issues are of big concern to contractors. The Executive Vice President and counsel at the Professional Services Council, Alan Chvotkin, gave his list on Federal Drive with Tom […]
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Decision to Forego a Warranty Dooms Government’s Claim Against Contractor for Defective Products; Appeal...

Contractor’s motion for summary judgment on government’s claim is granted in part. The government claimed that the contractor had breached by providing defective parts....

Subcontractor Improperly Certified Pass-Through Claim, But ASBCA Finds Certification Defect is Correctable; Appeal of...

Government’s motion to dismiss pass-through claim is denied. The prime contractor submitted a subcontractor’s pass-through claim that had been certified by the subcontractor’s president. The agency argued that only the prime contractor could certify. The improper certification voided the claim, so, the agency concluded, the board lacked jurisdiction. The board agreed that the subcontractor had […]
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ASBCA Denies Government’s Summary Judgment Motion, Refuses to Weigh Evidence Before Trial; Appeals of...

Government’s motion for summary judgment on contractor’s differing site condition and delay claims is denied. The government alleged that it was entitled to summary judgment because the only evidence supporting the contractor’s claims was a self-serving declaration that was contradicted by other evidence. The board, however, found that the evidence in the record did not […]
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Protester’s Dawdling Results in Loss of Right to Request Reimbursement of Protest Costs; High...

Protester’s request for reimbursement of protest costs is dismissed as untimely. Following a successful protest, the protester submitted a cost claim to the agency but refused to provide additional information to substantiate its claim. Thus, the agency denied the claim and informed the protester that it would not participate in further discussions concerning protest costs. […]
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SBIR DoD Contracts – Protecting Your Company’s Valuable Intellectual Property

Oles Morrison – The Small Business Innovation Research (SBIR) Program is designed to facilitate opportunities for small businesses to work with the Federal Government on research and development (R&D) projects.  (Similarly, the Small Business Technology Transfer Program (STTR) facilitates public/private partnerships for R&D.)  These programs are exceptional vehicles for bringing new technology to market. SBIR contracts […]
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GAO Clarifies Timeliness of Preaward Protests Challenging Solicitation Amendments

Crowell & Moring – In Computer World Services Corporation, GAO sustained a protest challenging the Department of Homeland Security, U.S. Coast Guard’s corrective action taken in response to an earlier sustained protest by CWS. In its original protest, CWS successfully challenged a task order award; in response, the agency informed offerors via e-mail that it […]
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GSA Awards First Contracts to Develop an Online Shopping Platform, and the White House...

By Michael Wagner and Evan R. Sherwood of Covington & Burling On Friday, the General Services Administration (“GSA”) announced that it had awarded three contracts to develop online shopping portals for commercially-available off-the-shelf (“COTS”) items.  The awardees are Amazon Business, Fisher Scientific, and Overstock.com. GSA’s awards were made to implement Section 846 of the NDAA […]
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Smith: No More Corona Relief for Defense Businesses, Stop Messing with CMO

The leader of the House Armed Services Committee does not like the idea of floating more money to the Defense Department to keep its...