Monday, January 25, 2021

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The Federal Government Contract Minimum Wage Increase Is in Effect

Peckar & Abramson – Effective January 1, 2021, federal government contractors are required to pay their employees performing work on or in connection with covered government contracts at least $10.95 per hour – an increase of $0.15/hour from the 2020 federal minimum wage. 85 FR 53850 (Aug. 31, 2020). As we previously reported, the federal […]
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Contractors Ponder their Place in Vaccine Queue

The government couldn’t function for very long without contractors. Does that mean contractor employees, or at least certain ones, ought to be eligible for COVID vaccines? For one view, Federal Drive with Tom Temin Pturned to the president and CEO of the Professional Services Council, David Berteau. More at Federal News Network
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DOD Nudges Innovative Startups Toward ‘Trusted Capital’ with New Digital Marketplace

The Department of Defense wants to give defense-curious startups a safe space to pursue capital without having to look into funding from foreign investors that might have adversarial ties. More at fedscoop
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Pentagon Establishes Program Increasing Contractor Access to Classified Information

The Defense Department formalized a pilot program that gives defense contractors broader access to special access programs in order to spur technology developments, according to a DOD memo. More at NextGov
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Agency’s Failure to Document Cost Analysis Negates Award; Hoover Properties, GAO B-418844, B-418844.2

Protest objecting to agency’s costs evaluation is sustained. The protester argued that costs added to its proposal were unreasonably high and that the agency had failed to explain how it arrived at those costs. GAO found that the agency had not provided any documentary support for the costs. Without adequate documentation, GAO concluded that the […]
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Agency had Duty to Inquire About Awardee’s Change In Corporate Structure; HWI Gear, Inc.,...

Protest challenging agency’s failure to inquire about awardee’s size status is sustained. The procurement was set aside for small businesses. The solicitation expressly quoted a FAR provision that stated offerors needed to recertify their size if they underwent a merger or acquisition after the initial offer. Here, the awardee merged with another company after the […]
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Each Procurement Stands Alone: Protester Can’t Rely on Fee It Charged in Another Contract...

Protest objecting to evaluation and best-value analysis is denied. The protester challenged a weakness it received for proposing a high design fee, contending that it had charged higher fees on another contract, so its proposed fee was reasonable. GAO rejected the argument, reasoning that each procurement stands on its own. The fee the protester charged […]
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Agency Entitled to Rely on Awardees’ Representations Concerning TAA Compliance; Coast to Coast Computer...

Protest alleging that awardees had improperly proposed products that did not comply with the Trade Agreements Act is denied. The solicitation required offerors to propose products that either came from the United States or a country designated by the Trade Agreements Act. The protester alleged the awardees had proposed products from a non-designated country. But […]
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GAO Finds SAM Registration Requirement to Be Minor Informality

Vandeventer Black – FAR 4.1102 requires offerors to registered in the System for Award Management (“SAM”) at the time an offer is submitted to the government, with limited exceptions such as micro-purchases, classified contracts, emergency contracts, and some others. However, the Government Accountability Office (“GAO”) recently found that an offeror’s failure to renew its SAM […]
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Federal Circuit Affirms that BPAs May Not Be Binding Contracts

Peckar & Abramson – In a previous blog, we discussed a decision by the Court of Federal Claims (COFC) in McLeod Group, LLC v. United States, 142 Fed. Cl. 558 (2019), that blanket purchase agreements (BPAs) are not contracts for purposes of the Contract Disputes Act (CDA). In that case, the contractor argued that the […]
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