Thursday, October 29, 2020

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Collective Bargaining Agreement Supersedes Prevailing Wage Determination; ASBCA No. 61267, Appeal of Centerra Group...

Government’s motion to dismiss as premature an appeal seeking reimbursement of back overtime pay and related arbitration costs is denied, where the collective bargaining...

A Coronavirus Contractor’s Guide to the Defense Production Act

As a followup to our recent post on the implications of the PREP Act for government contractors working to respond to the COVID-19 outbreak, this post...

Two-Minute Warning – Discussions Can Yield Fruitful Protest Grounds

PubKLaw’s Two-Minute Warning Podcast offers a quick look on a key takeaway from a recent bid protest case. Today’s warning: If you identify protest grounds during discussions, you cannot wait until after award to file. Read the decisions here: Protester Learned of Grounds for Protest During Discussions, Not Debriefing; GAO B-415546, Umicore Optical Materials USA Inc. […]
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COFC Castigates Department of Justice for Ignoring a Court Order and Violating the Duty...

The plaintiff sued the government in the COFC, asserting claims under a certain type of HUD contract. The government contended that claims under that...

Reformation of Contract Warranted Where Government Provided Inaccurate Information to Offerors; Appeal of DynCorp...

Appeal seeking reformation of a contract is sustained where the government provided the contractor with inaccurate data during the bidding process. The ASBCA found...

Two-Minute Warning – When Mom Says No, You Can’t Ask Dad

PubKLaw’s Two-Minute Warning Podcast offers a quick look on a key takeaway from a recent bid protest case. Today’s warning: In some situations, a protest or claim taken before a court or board of contract appeals cannot be reheard elsewhere. Read the decisions here: GAO Will Not Consider Protest Grounds Already Rejected by COFC; GAO B-415747, Veterans […]
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Award of Sole-Source Follow-On Contract Justified by Continuity Concerns; Harmonia Holdings Group, LLC v....

Protest challenging an agency decision to award a sole-source, follow-on contract to the incumbent is denied. The agency reasonably determined that the incumbent’s knowledge...

Business Owner, With Over $6 Million in Assets, No Longer Economically Disadvantaged; In the...

SBA decisions suspending and terminating concern from the 8(a) Business Development program are affirmed. SBA regulations provide that to be eligible for the 8(a)...

Government Constructively Changed Contract By Contravening Parties’ Course of Dealing; Appeals of Raytheon Company...

Appeal of a contractor claim asserting a constructive change is sustained. The contractor provided missiles to the government. The contractor was also required to...

Here Is How You Actually Negotiate IP Rights in Other Transactions

Morrison & Foerster – Although there is great deal being written these days about DOD’s increasing use of Other Transactions “OTs”, no one explains how you actually negotiate OT terms and conditions, particularly the intellectual property clauses that are the most troublesome for contractors.  Jay DeVecchio fixes that, by describing how to prepare and to […]
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