Thursday, October 29, 2020

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Enhancing Whistleblower Protections for Contractor Employees (Permanently?)

Congress has passed a new bill strengthening whistleblower protections for contractor and grantee employees. The bill makes permanent a pilot program ensuring that civilian contractor employees are protected from retaliation, specifically mandating that anyone exposing the misuse of federal funds may not be demoted, discharged, or discriminated against because of the disclosure. A successful defense […]
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NASA Final Rule Revises Voucher Submission and Payment Process

NASA has issued a final rule to amend the NASA FAR Supplement to revise the agency’s voucher submittal and payment process. Effective December 14, 2016, the rule removes an outdated NFS payment clause and its associated prescription relative to the NASA voucher and payment process, and inserts a new clause revising the process. The rule […]
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Agency Not Responsible for Protester’s Submission of Duplicate Experience Projects; GAO B-413614.4, Teracore Inc.

Protest challenging the agency’s evaluation of the protester’s corporate experience is denied, where the protester introduced errors in its proposal which it failed to correct, and therefore submitted an insufficient number of corporate experience projects demonstrating performance as a service-disabled veteran-owned small business, resulting in a material failure. Teracore Inc. protested the decision by the […]
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RFP’s Workload Estimates Not Misleading Despite Differences From Protester’s Incumbent Contract; GAO B-413612, LexisNexis

Protest that an agency’s responses to prospective offerors’ questions are misleading, inaccurate, and incomplete is denied, where the request for proposals and agency’s responses reasonably communicated the agency’s needs and the estimated workload requirements, notwithstanding the different workload requirements under the protester’s incumbent contract for the same services. LexisNexis challenged the terms of a request […]
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Contractor Entitled to Equitable Adjustment When Partial Termination Increased Costs of Remaining Work; ASBCA...

Appeal of the agency’s denial of a request for equitable adjustment is sustained where a partial termination by the government increased the cost of the remaining work. Missouri Department of Social Services had won a contract for the provision of food service operations at 18 dining facilities at Fort Leonard Wood, Missouri. Two years into […]
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Government Cannot Claim Release of Claims All-Inclusive When It Continued Negotiating with Contractor After...

The government’s motion for summary relief is denied, where the release of claims contained in a contract modification creates genuine issues of material fact that cannot be resolved without further development of the record, including whether the parties agreed to release all claims or only those claims related to the specific work covered by the […]
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OMB Publishes 2017 Discount Rates for Circular No. A-94

The Office of Management and Budget has published the 2017 discount rates for OMB Circular A-94, “Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs.” The rates presented in Appendix C do not apply to regulatory analysis or benefit-cost analysis of public investment. They are to be used for lease-purchase and cost-effectiveness analysis, as specified […]
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Election Will Have Ramifications for Government Contracts

The next administration is likely to make a number of changes affecting federal contractors, including the repeal of numerous executive orders relating to nondisplacement of qualified workers under service contracts, the use of project labor agreements, the contractor employee minimum wage, and nondiscrimination policies. The White House also could alter current procurement policy, including preferences […]
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2017 NDAA Increases DoD’s Micro-Purchase Threshold To $5,000

The 2017 National Defense Authorization Act increases the Department of Defense’s micro-purchase threshold to $5,000, which will allow DoD to make more small purchases using simplified acquisition procedures, and without setting aside the work for small business, conducting market research, or hold a competition. More at SmallGovCon
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A New Way to Claim Damages Resulting from an Unfavorable CPARS Rating

Government contractors know that an unfavorable performance review posted to the Contractor Performance Assessment Reporting System (“CPARS”) can be extremely costly. Many negotiated solicitations include past performance as an important or even primary evaluation factor for contract award. An unfavorable review on a past contract can impose significant costs on the contractor to address the […]
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