Saturday, August 8, 2020

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House Committee Approves Bill Allowing Congress to Block Regulations In Final Year of Administration

The House Judiciary Committee recently approved the “Midnight Rules Relief Act,” which would allow Congress to disapprove multiple regulations adopted in the final year of a presidential administration with a single vote. Supports of the legislation say it will give lawmakers the chance to undo regulations that were rushed through during the closing days of […]
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GAO: No “Public Posting” Of Solicitation In Closed Government Office

In a recent decision, the Government Accountability Office affirmed the principle that agencies must take steps to ensure maximum competition, even when the dollar value of a simplified acquisition is below the threshold for posting the requirement on FedBizOpps. In this case, the agency placed the solicitation in a binder at the reception desk of […]
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DoD’s Proposed Rule Change to Weighted Guidelines May Lead to Lower Fee Scores on...

A recent proposed rule would amend the DFARS to provide a more transparent means of documenting the impact of costs incurred during the undefinitized period of an undefinitized contract action on allowable profit. In essence, the Department of Defense wants to separate the cost incurred during the undefinitized period from the projected costs to completion. […]
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Should I File a Claim or an REA on my Government Contract?

Contractors owed additional time or money under a federal contract must decide whether filing a claim or requesting an equitable adjustment is the right method for pursuing their costs. There are pros and cons to both approaches and the circumstances—and therefore the right answer—with change from contract to contract, but making the right decision could […]
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Far Reaching Impact of DOL’s Increase to FLSA Salary Thresholds

New regulations expanding the eligibility of certain white collar employees to the overtime requirements in the Fair Labor Standards Act will have implications beyond salary considerations. In many cases, employers will have to decide whether to increase a salary to ensure an employee remains exempt or convert an employee to a non-exempt classification. However, before […]
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Recent Dispute Between Teaming Partners Teaches Lessons about Drafting Protest Provisions in Teaming Agreements

A recent federal court decision highlights the challenges of drafting and negotiating teaming agreements for federal contracts. In the case, a subcontractor teaming partner sued when its prime declined to protest a lost award, but the court found no language in the agreement requiring the prime to take such action. However, parties can adopt language […]
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Concessionaire Cannot Claim for Wages Accrued After it Submitted Notice of Contract Termination; ASBCA...

Appeal of a contracting officer’s denial of a claim for business losses resulting from the agency’s alleged mismanagement of the contract is denied, where the contract specifically stated appellant would be responsible for its own equipment and furniture costs, and where appellant cannot be reimbursed for wages accrued after it provided a termination notice to […]
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SBA Releases “All Small” Mentor-Protégé Template & Application

The Small Business Administration has released a sample template mentor-protégé agreement and application information for its new all-small mentor-protégé program. The template allows mentors to select from six categories of assistance they may provide to the protégé firm: management and technical assistance; financial assistance; contracting; trade education; business development; and general administrative. Once the assistance […]
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Bass, Berry & Sims Attorney Outlines SBA’s Limitation on Subcontracting Rule

In a recent article, Bryan King, a federal contracts attorney with Bass, Berry & Sims, discusses the details of the Small Business Administration’s new limitation on subcontracting rule. This new rule limits the definition of a “similarly situated entity” to first-tier subcontractors. According to King, with the option to team with other similarly situated entities, […]
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Final Rule Adds Nondiscrimination Clause to USAID Regulations

The U.S. Agency for International Development has issued a final rule to amend its regulations to incorporate a new clause titled “Nondiscrimination Against End-Users of Supplies or Services.” This clause expressly states that USAID-funded contractors must not discriminate among end-users of supplies or services—beneficiaries and potential beneficiaries—in any way that is contrary to the scope […]
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