Friday, May 7, 2021

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DFARS Final Rule Provides Guidance on Commercial Item Price Reasonableness

DoD has issued a final rule amending the DFARS in relation to commercial item acquisitions. The rule provides guidance to contracting officers for making price reasonableness determinations, promotes consistency in making commercial item determinations, and expands opportunities for nontraditional defense contractors to do business with DoD.
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Subcontractor Pass-Through Claims Are Vulnerable to the Severin Doctrine

Two recent decisions – one from the U.S. Civilian Board of Contract Appeals and the other from the U.S. Court of Federal Claims – provide opposing holdings on whether the government can raise a “Severin doctrine” defense to subcontractor “pass-through” claims based on broad language in subcontractor progress payment releases. In light of these different […]
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Incumbent Affiliate Not Only Offeror Capable of Meeting Requirements; GAO B-415401, Akima Support Operations,...

Protest challenging the agency’s decision not to reject a competitor’s proposal is denied, where the agency was not required, in an unrestricted procurement, to...

Discussions Need Not Address Weakness Left After Deficiency is Corrected; GAO B-415442, United Excel...

Protest challenging the agency’s discussions as misleading is denied, where the protester’s response to a discussion question eliminated the identified deficiency but left intact...

Amended Solicitation Requirement Did Not Tilt Competition in Favor of Competing Offeror; GAO B-414050.4,...

Protest challenging the terms of an amended solicitation is denied, where the protester failed to demonstrate that the agency tilted the competition in favor of a competing offeror; and protest challenging the agency’s consolidation and bundling of requirements is dismissed, where the protester failed to timely raise its allegations prior to the solicitation closing. Naverre […]
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Texas Gets Burned: Court of Federal Claims Finds State’s Randolph-Sheppard Act Protest Premature

The Randolph-Sheppard Act (“RSA”) grants blind persons, operating through State Licensing Agencies, mandatory priority in the award of contracts for the operation of vending facilities on federal property so long as the SLA contractor satisfies criteria established by the RSA’s implementing regulations prescribed by the U.S. Secretary of Education.  In its recent decision in State of Texas […]
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2018 NDAA: Changes to the HUBZone Program

The HUBZone program is once again undergoing some changes thanks to the 2018 National Defense Authorization Act. These changes include a requirement for an improved online mapping tool, a mandate that HUBZone verifications be processed in 60 days, and more, but some of these changes are not effective until January 1, 2020. More at SmallGovCon
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Army Encouraged Enhancements to RFP Requirements, Reasonably Applies Net Monetized Opportunity Cost Benefit Value...

Protest challenging the agency’s evaluation of proposals is denied, where the agency’s use of a net monetized opportunity cost benefit value analysis was incorporated in the solicitation’s evaluation scheme, and where the agency reasonably informed the protester of areas in its proposal that required work. L-3 Army Sustainment LLC protested the Army’s award of a […]
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Omission of Key Personnel Resumes and Relevant Past Performance Fatal to IDIQ Award; GAO...

Protest challenging the agency’s evaluation of proposals is denied, where the protester failed to provide resumes for key personnel linking their qualifications to the solicitation’s tasks and where its work as a subcontractor on the incumbent contract was not relevant in size, scope, or complexity to the work at hand. International Preparedness Associates Inc. protested […]
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Agency Not Obligated to Reconcile Evaluation Findings Under Two Different Solicitations, Eight Months Apart;...

Protest challenging the agency’s evaluation for a task order is denied, where the agency had no obligation to reconcile its evaluation under the subject...