Thursday, February 25, 2021

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Agency Botched Price Evaluation by Misapplying Solicitation’s Calculation Methods; Crowley Government Services, Inc., Petro...

Protest challenging agency’s price evaluation is sustained. The solicitation allowed offerors to use either (1) a government-preferred price escalator, or (2) their own, properly...

Protester’s Subcontractor Failed to Submit Cost Data by Proposal Deadline, Agency Reasonably Refused to...

Protest objecting to exclusion of protester’s proposal from the competition is denied. The protester timely submitted a portion of its proposal, but its subcontractor submitted cost data late. The agency excluded the proposal from the competition due to the late subcontractor submission. The protester argued that the agency should have considered its proposal as submitted. […]
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ASBCA Finds Government Subpoena Sought Immaterial and Duplicative Information, Quashes It; Appeals of Sand...

Surety’s motion to quash a government subpoena is granted. As part of an appeal before the ASBCA, the government subpoenaed a surety seeking information...

Protest Challenging Corrective Action Is Premature; Cooper/Ports America, LLC, GAO B-419000.2

Protest challenging sufficiency of agency’s corrective action is denied. The protester argued that the agency’s corrective was inadequate because it did not provide a meaningful remedy to the issues raised in a prior protest. GAO found that the protester simply assumed that the agency would act unreasonably in carrying out the corrective action. Until the […]
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Agency’s Decision to Cancel FAR Part 8 Solicitations and Move the Work to Existing...

Koprince Law – We already blogged on the COFC’s landmark Rule of Two decision in Tolliver Grp., Inc. v. United States. But the court’s two-part holding (in favor of the plaintiffs on both counts) was just too impactful for a single blog. Not only did the court fault the agency for failing to do a […]
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What the Shift in Priorities by the New Biden Administration Means to Construction Contractors...

Rogers Joseph O’Donnell – The election of President Joe Biden and Vice President Kamala Harris will, almost certainly, bring drastic changes to publicly-funded construction in this country. Government spending on infrastructure projects will likely increase, perhaps even dramatically. At the same time, this federal funding will come with more strings attached due to the tightening […]
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Complying with SBA’s Limitation on Subcontracting

Schoonover & Moriarty – One of the most common questions I get from clients and prospective clients is how their small business should comply with the limitation on subcontracting. In this post, I’ll unpack the limitation a bit. A word of caution before we get too far down the rabbit-hole: there are currently two limitations on subcontracting. […]
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One-Two Punch: President Biden Issues Made in America Executive Order Mere Days After FAR...

Crowell & Moring – Contractors barely had time to digest the prior administration’s changes designed to tighten the Buy American Act restrictions when, on January 25, 2021, President Biden issued Executive Order 14005 on “Ensuring Future of America is Made in America by all of America’s Workers” directing further tightening and perhaps even a new […]
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Contractors Just Want Federal Business to Continue Normally

When it comes to information technology, the spending priorities contractors can expect from the Biden administration will look familiar. It’s not as if artificial intelligence or cloud computing are going away. Federal Drive with Tom Temin got highlights of its list of ten markets to watch from Bloomberg Government federal market analyst Laura Criste.
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“These Are Not the Droids You’re Looking For”: Protester Unable to Convince GAO that...

Protest challenging a deficiency assessed to proposal is denied. The agency assessed a deficiency because the protester failed to propose a gravel driveway required...