Thursday, November 26, 2020

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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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Prepare, Communicate, Document, and Segregate—A Government Contractor’s Guide to Addressing Performance Disruptions and Delays...

Contractors must prepare for and mitigate the impacts of performance delays and business disruptions due to workforce illness, facility closures, travel restrictions, and domestic...

Contractor Unable to Recover Costs Caused by Ebola Virus Epidemic; Pernix Serka Joint Venture...

A claim for costs incurred as a result of an Ebola epidemic is denied. The contractor sought costs for shutting down a worksite and...

The Contractor’s Coronavirus Checklist

By Lee-Ann C. Brown, J. Jackson Hill IV, and J. Christopher Selman of Bradley Arant Boult Cummings LLP The coronavirus disease (COVID-19) continues to dominate global headlines...

Contracting Officer Lacked Authority to Incorporate Contractor’s Supplemental Terms and Conditions Into Contract; Appeal...

Contractor’s claim for breach is denied. The contractor claimed the government had breached terms and condition that the contracting officer had incorporated into the contract. The board, however, found that the terms and conditions were not binding because the contractor had incorporated them without receiving additional consideration from the contractor. Moreover, the board reasoned, even […]
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Two-Minute Warning – Don’t Let a JV Majority Member Hog Your Proposal

PubKLaw’s Two-Minute Warning Podcast offers a quick look on a key takeaway from a recent bid protest case. Today’s warning: When submitting a proposal as a joint venture, offerors should carefully consider if certain information is required for every JV member. Read the decision here: Documentation of Majority Owners’ Cost Accounting System Inadequate to Satisfy Solicitation […]
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Is Coronavirus an Excusable Delay?

Husch Blackwell - The spread of COVID-19 (Coronavirus) remains unclear, but its impacts are already being felt. Supply chains are being disrupted and companies...

GAO Sustains Protest, Finding that Contract Modification Improperly Exceeded the Scope of the Contract;...

Protest alleging that a modification was outside the scope of the contract is sustained. The solicitation sought scopes for small arms. The awardee proposed...

Two-Minute Warning – GAO Unlikely to Address Responsibility Determinations

PubKLaw’s Two-Minute Warning Podcast offers a quick look on a key takeaway from a recent bid protest case. Today’s warning: It is very difficult to convince GAO to disturb a responsibility determination. Read the decisions here: SBA’s Responsibility Determination Trumps Protester’s Challenge; GAO B-415562.2, Dextera Corporation and Protester’s Allegations Do Not Reach Threshold for GAO to Consider Agency’s […]
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Protester Goes Seven for Seven in Arguments Before GAO

Koprince Law – Veterans of the bid protest process know that it’s not uncommon for a protester to make half a dozen arguments and prevail on only one. Know what that’s called? A win. But when a protester goes seven for seven, you have to tip your cap. Read the full post at SmallGovCon
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