Tuesday, September 29, 2020

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High-Dollar Loan Does Not Create Affiliation Between Borrower and Lender, Where Borrower Has Ability...

Appeal of a finding of affiliation is reversed, and appeal is granted in part, where there is no evidence another firm had the ability to control the appellant, despite a significant loan made by the firm to the awardee; and appeal of a finding that appellant does not qualify as a nonmanufacturer is dismissed as […]
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Lease Ambiguous on Agency’s Liability for Increased Property Taxes After Space Was Expanded but...

Appellant’s motion for summary relief and the government’s motion to dismiss an appeal of the contracting officer’s final decision demanding repayment of overpaid property taxes are denied, where the Civilian Board of Contract Appeals concluded the lease agreement did not clearly state whether the percentage of occupied space for tax purposes would be adjusted if […]
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Agency Engaged in Ex Parte Communication with Awardee, but Did Not Prejudice Protester; COFC...

Protest challenging the agency’s failure to perform a price realism analysis is denied, where the record demonstrated the agency performed and documented such an analysis, and where the role of the court is not to decide which method the agency should use to perform a price realism analysis; and protest challenging the agency’s ex parte […]
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Fair Pay and Safe Workplaces Final Rule on Verge of Nullification

On Monday, the Senate exercised its authority under the Congressional Review Act and passed a joint resolution disapproving the Fair Pay and Safe Workplaces final rule. The House passed its version of the resolution in February and now the measure goes to the White House for signature. If signed, the resolution will nullify the Fair […]
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SOW Required Medical Content to be Written by Expert Physicians, Not Editorial Team; GAO...

Protest challenging the agency’s justification for awarding a sole-source contract for a medical reference database is denied, where the agency had an immediate need for the requirement, and where the protester’s content would not be written and peer-reviewed by expert physicians in the relevant specialties, as required by the statement of work, but developed by […]
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LPTA Solicitation Provided for Cost Realism Analysis and MPC Assessment; GAO B-413721.2, Smartronix, Inc.

Protest challenging agency’s cost realism analysis and most probable cost adjustment to protester’s proposed costs is denied, where the solicitation provided for a cost realism analysis and MPC calculation, even though award was to be made on a lowest-price, technically acceptable basis, and where the agency’s analysis and adjustment were reasonable and well-supported. Smartronix Inc. […]
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OIG: DLA Can Improve Its Processes for Obtaining Restitution For Defective Spare Parts

A new report from the Department of Defense Office of Inspector General found that DLA Land and Maritime did not adequately process product quality deficiency reports or pursue appropriate restitution for a projected 267 contracts for which contractors provided defective parts.  This occurred because DLA Land and Maritime lacked oversight and controls to ensure that […]
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Supplemental Challenge Untimely When Based on Information Obtained in Connection With Untimely Protest; GAO...

Protest challenging the agency’s evaluation of proposals is dismissed as untimely, where it was submitted within 10 days after the reinstatement of GAO’s civilian agency task order protest jurisdiction, but more than 70 days after the protester submitted a letter of concern to the agency’s contracting officer and almost 80 days after it received a […]
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Market Report Examines Effect of Administration Policy, Expiring Contracts on Competitiveness

A new report from market analysis firm Govini examines the competitive procurement environment in the coming months. The report assigns agencies a “competitiveness score” to help vendors anticipate recompetes and craft procurement strategies. The Departments of Defense, Homeland Security, and Energy are expected to have more contract opportunities, while budget cuts at the Environmental Protection […]
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Vavra Decision Highlights Avenues for Potential Anti-Kickback Act Liability

In its recent decision in US ex rel Vavra v. Kellogg Brown & Root, No. 15-41623, 2017 WL 473873, the Fifth Circuit held that KBR could be held liable under the enhanced penalty provisions of the Anti-Kickback Act for the actions of an employee who accepted kickbacks in connection with the award of subcontracts under […]
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