Wednesday, December 2, 2020

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Key Issues for Due Diligence of Government Contracts

In this article, Piliero Mazza counsel Kimi Murakami identifies key areas firms should consider when acquiring a company that does business with the federal government. The due diligence process should include detailed consideration of set-aside contracts; pending proposals; security clearances; import/export issues; potential conflicts of interest; subcontracts, teaming arrangements, and joint ventures; complications arising from […]
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When Can a Protester Protest a Task Order at GAO?

The Government Accountability Office recently declined HP Enterprise Services’ request to reconsider a protest GAO dismissed during the window the agency lacked jurisdiction to hear most protests of civilian agency task orders. GAO’s jurisdiction expired on September 30, 2016, but was reinstated on December 14, when the Government Accountability Office Civilian Task and Delivery Order […]
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RFP Did Not Require Offerors to Propose Same Approach Used by Protester on Incumbent...

Protest challenging the agency’s waiver of organizational conflicts of interest is denied, where agency reasonably concluded a nondisclosure agreement and other safeguards negotiated between the protester and awardee mitigated any potential OCI, and where the waiver was consistent with FAR requirements; and protest challenging the agency’s conclusion that the awardee did not violate the Procurement […]
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RFP Required Offerors to Demonstrate Experience Managing Construction Projects, But Did Not State They...

Protest challenging the agency’s evaluation of the awardee’s experience is denied, where the solicitation required offerors to demonstrate experience being responsible for the construction of similar projects, but did not mandate that offerors had to have performed all the work themselves, without the use of subcontractors; and protest challenging the agency’s evaluation of the awardee’s […]
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Security Act Requires Company Organization Five Years Prior to RFP, Not Five Year Prior...

Protest challenging agency’s prequalification of the awardee for overseas embassy construction projects under the Omnibus Diplomatic Security and Antiterrorism Act of 1986 is denied, where the awardee was legally organized in the United States more than five years before the issuance of the request for proposals; and where the solicitation required offerors to demonstrate experience […]
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Agency Cannot Demonstrate Task Order Work Within the Scope of Underlying IDIQ; GAO B-413729,...

Protest challenging the agency’s task order award is sustained, where progress reports provided by the awardee for previous task orders included work that appeared to be outside the scope of the underlying IDIQ, and where the agency was unable to provide documentation describing the work performed by the awardee beyond a general request for a […]
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Contractor Alert: Beware Bilateral Modification Release Language

In a recent case, the Armed Services Board of Contract Appeals found that a bilateral modification signed by the contractor released the government from any further claims and precluded the contractor’s recovery. In the case, the contractor agreed to a termination for convenience, and signed a modification zeroing out the CLIN deliverables and contract value. […]
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Executive Order on Reducing Regulations Leaves Questions Unanswered

The recently-issued Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs aims to reduce the number of federal regulations by requiring agencies to eliminate two regulations for every new regulation they propose. The cost of any new regulation also must be offset by cost reductions attributable to the repeal of existing regulations. The order […]
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Agency Reasonably Concluded Protester’s Reliance on Incomplete Software Code Presented Performance Risk; GAO B-414026,...

Protest challenging an agency’s assessment of technical risk is denied, where the agency reasonably concluded the protester’s plan to integrate several types of software code, some of which was not yet operational, to present some risk, and where the awardee’s proposal to leverage existing agency systems in addition to its solution was assigned a weakness, […]
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Awardee Not Required to Propose Indirect Overhead Costs When None Were Applicable to the...

Protest challenging the agency’s acceptance of the awardee’s proposal is denied, where the solicitation did not require offerors to propose indirect overhead costs if none were applicable, and therefore the awardee’s lack of proposed indirect overhead costs did not render its proposal nonresponsive; and protest challenging the agency’s cost realism analysis is denied, where the […]
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