Tuesday, August 11, 2020

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2017 NDAA Requires “Brand Name or Equivalent” Justifications

The 2017 National Defense Authorization Act requires the Department of Defense to execute a justification and approval before issuing a brand name or equal solicitation, which Congress referred to in the bill as “anti-competitive specifications.” The law also requires DoD to review its policy and guidance related to the use of brand name requirements in […]
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Final Rule Requires Notification of Reduced or Late Payments to Small Business Subs

A new final rule amends the FAR to require contractors to notify their contracting officer if the contractor pays a small business subcontractor a reduced price or if the contractor’s payment to a small business subcontractor is more than 90 days past due. The rule also requires contracting officers to record the identity of contractors […]
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ThunderCat Agrees to Civil Settlement for Bid-Rigging and Kickback Schemes

ThunderCat Technology, LLC has agreed to pay $1 million to settle civil False Claims Act, Anti-Kickback Act, and Procurement Integrity Act claims relating to bid rigging and kickback schemes in connection with six government procurements. More at DOJ
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8 Companies Protest $1.5B DHS Agile Buying Experiment

The $1.54 billion Flexible Agile Support for the Homeland contract vehicle—a group of 13 vendors pre-approved to sell agile services to the department—has been halted by protests from at least eight companies not included on that list. More at NextGov
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Wiley Rein’s Rand Allen Honored with PSC Leadership Award

The Professional Services Council has honored Rand Allen of Wiley Rein LLP with the PSC Leadership Award, recognizing his engagement with and commitment to the association. PSC also recognized Brad King of TwoPavilions LLC, and Barbara Turner of University Research Co., LLC, with Leadership Awards. PSC also announced new and re-elected continuing members to its Board of Directors and […]
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Mentor-Protégé Joint Venturing: Friend or Foe?

Companies in approved mentor-protégé relationships may form joint ventures to pursue set-aside work, even if not all the joint venture partners are small businesses or otherwise qualify for the socioeconomic status of the set-aside. However, some contractors question why they should form a joint venture when they can pursue the work in a more typical […]
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FSS Contract Must Include Products or Services Offered for Requirement; GAO B-413854, T. S....

Protest that agency unreasonably found the protester’s quotation technically unacceptable is denied where the record shows that protester proposed items that were not included on its Federal Supply Schedule contract. T.S. Marshall & Associates Inc. protested the Department of Homeland Security’s issuance of a task order for workforce development seminars to Beacon Training Services Inc., […]
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Cost Evaluation Failed to Consider Market or Incumbent Compensation Rates, Though Awardee Planned to...

Protest challenging the agency’s cost evaluation is sustained, where the agency did not evaluate current market rates or incumbent pay rates, even though the awardee’s proposed staffing plan relied largely on recruiting new hires and incumbent staff, and did not evaluate the awardee’s proposed professional compensation plan in relation to its management approach and understanding […]
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Agency Reasonably Focused Past Performance Evaluation on Protester’s Recent, Relevant Work as Incumbent; GAO...

Protest challenging the agency’s past performance evaluation is denied, where the agency reasonably focused on the protester’s work on the incumbent contract, which was its most relevant and recent reference; and protest challenging the agency’s discussions is denied, where the agency led the offeror into the area of its proposal regarding amplification or revision, and […]
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GSA Officials Says Trump Must Surrender Stake in DC Hotel Before Inauguration

Public Buildings Service deputy commissioner Michael Gelber says President-elect Donald Trump will violate the terms of his GSA lease if he doesn’t give up his ownership stake of the Washington, D.C. luxury hotel that bears his name. More at Federal News Radio
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