Saturday, July 31, 2021

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Making Cost-Reimbursement Task Orders Part of the MAS Program

Recently, we focused on the benefits of adding cost reimbursement capability to the Multiple Award Schedule (MAS) program so that contractors with commercial item goods and services on Schedule also can offer cost-reimbursable labor. It highlighted the many ways in which hybrid contracts that include both commercial and cost reimbursement capabilities would be a “win-win-win” […]
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Protester Lacked Standing to Protest Because Its Proposal Contradicted the Solicitation; Asset Protection &...

Appeal of COFC order dismissing a protest for lack of standing is affirmed. The protester challenged an award, but the COFC found that the...

Although Appeal Calculated Damages Differently than Underlying Claim, It Did Not Present a “New...

Government’s motion to dismiss contractor’s appeal for lack of jurisdiction is denied. The contractor’s appeal calculated damages differently than the underlying claim. The government alleged that this new damages theory was a “new claim,” which had not presented to the contracting officer. Thus, the government concluded, the board lacked jurisdiction over the appeal. The board […]
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Agency Reasonably Credited Awardee for Its Access to the “Twitter Firehose”; Babel Street, Inc.,...

Protest challenging the evaluation of proposals is denied. The protester alleged the agency unreasonably evaluated the relevance of its past performance references. GAO found the evaluation was reasonable; the protester’s previous contracts involved significantly fewer users and lower values than the solicited effort. The protester alleged the agency applied unstated criteria by crediting the awardee […]
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OHA Finds Putative SDVOSB Unusually Reliant on Subcontractor; Appeal of Land Shark Shredding, LLC...

Protest challenging the SDVOSB status of an awardee is granted. The protester alleged that the awardee was unusually reliant on a non-SDVOSB subcontractor to perform the contract. OHA agreed, finding that a non-SDVOSB would be providing and operating all the equipment for the contract. In fact, the awardee’s quotation did not clearly delineate any portion […]
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Fifth Circuit Reaffirms Breadth of Yearsley Immunity For Government Contractors

By Raymond Biagini, Daniel Russell Jr. & Daniel Farnoly of Covington & Burling Government contractors should take note of the Fifth Circuit’s June 30, 2021...

Proposed Regulations Implementing $15 Federal Contractor Minimum Wage Issued

Jackson Lewis – President Biden issued Executive Order 14026  on April 27, 2021 raising to $15 per hour the minimum wage certain federal contractors must pay workers performing work “on or in connection with” a covered federal contract or subcontract.  According to the Executive Order, the Department of Labor (DOL) must finalize implementing regulations by […]
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Choices, Choices, Choices; the Cause and Effect of the Different Davis-Bacon Act Price Adjustment...

Abrahams Wolf-Rodda – Unlike the Service Contract Act, where there are two similar but standard price adjustment clauses, there are three separate and different price adjustment clauses for the Davis-Bacon Act (“DBA”) . Each clause is appropriate for a different situation. This blog will discuss the different DBA clauses, where you can find them, and […]
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New Rule Requires Contractors to Report Data for DoD Service Contracts in SAM

Crowell & Moring – On July 9, 2021, the U.S. Department of Defense (DoD) published a Final Rule to require contractors to report data in the System for Award Management (SAM) on an annual basis when they are awarded a DoD contract or task order that: (1) is valued in excess of $3 million, and (2) is […]
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Homeland Security Cancels Two Border Wall Contracts

These are the first cancellations since DHS released its plan for unobligated border wall funds in June. More at Government Executive
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