Wednesday, December 2, 2020

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Corrective Action Delayed but Protest Grounds Not Clearly Meritorious; GAO B-415673.3, Management & Training...

Request that GAO recommend reimbursement of the cost of pursuing a protest challenging the agency’s discussions is denied, where the agency took the corrective action after submitting its agency report on the protest, but nonetheless had legally defensible positions on each protest ground. Management & Training Corporation asked GAO to recommend reimbursement of the costs […]
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Agency Cannot Unilaterally Modify Contract to Delete Work Already Completed, ASBCA No. 60533, Appeal...

Appeal of the agency’s unilateral reduction of the contract price is granted where despite minor changes to the scope of work, the contractor completed the work contemplated by the fixed-price contract, and where the agency had no authority to delete already-completed work from the contract and replace the fixed-price contract cost with an unsupported cost […]
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No Protest Of Terminated Task Order, Court Says

The Court of Federal Claims recently dismissed a protest challenging the agency’s termination for convenience of a task order, finding that the matter was one of contract administration, not protest. In Cotton & Company, LLP v. United States, the plaintiff challenged the Defense Finance and Accounting Services termination of its task order for auditing services. After a […]
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White House Cyber Chief Provides Transparency Into Zero-Day Disclosure Process

White House Cybersecurity Coordinator Rob Joyce issued a statement about the Vulnerabilities Equities Policy, explaining that the government will continue to stockpile a limited number of known security vulnerabilities it discovers, releasing the rest to the developers. However it provided some information about the decision-making process and some limited reporting, for added transparency. This practice […]
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OH SNAP! Supreme Court Rejects Substantial Competitive Harm Test For Key FOIA Exemption

On June 24, 2019, the Supreme Court ruled that Exemption 4 of the Freedom of Information Act (“FOIA”), which protects from public disclosure “trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential,” does not require a showing of substantial competitive harm for information to qualify as “confidential.” The […]
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It’s Back – DCAA’s Non-Defense Audit Authority Revived

In a recent memorandum, the Defense Contract Audit Agency lifted its moratorium on performing audits for non-defense agencies. Because DCAA has met the statutory requirement of having less than 18 months of incurred cost inventory, it may now resume providing full audit support for non-defense agencies. More at Crowell & Moring
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Cristina Chaplain: NASA Costs, Schedule Delays Growing for Major Programs

NASA was recently and thoroughly re-authorized by Congress, something a lot of agencies could use. But in its 10th annual look at NASA’s major programs, the Government Accountability Office found major programs are nearly all experiencing cost growth and schedule stretch-outs, something the agency needs to get under control. Cristina Chaplain, director of contracting and […]
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GSA Clarifies Authority to Hear Fair Opportunity Complaints on GSA Contracts

The General Services Administration has issued a final rule amending the GSA Acquisition Regulation to clarify that the ordering-agency task and delivery order Ombudsman has jurisdiction and responsibility to review and resolve fair opportunity complaints on tasks and delivery orders placed against GSA multiple-award contracts. Also, the final rule requires the ordering agency to include […]
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Draft Solicitation for Multibillion DEOS Contract Released

Industry responses are due Feb. 15. More at NextGov
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Defense Employees Report Poor Coronavirus Response at Two Facilities

Civilian employees at two Defense Department facilities report that their leadership has failed to act sufficiently to mitigate the spread of the coronavirus, potentially...