Wednesday, December 2, 2020

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The Defense Production Act: A Little Known Statute That May Soon Be Running Your...

Last week, the President invoked a Cold War-era law called the Defense Production Act (DPA), 50 U.S.C. §§ 4501 et seq., to acquire much-needed medical supplies and equipment during the COVID-19 pandemic.  Although a handful of provisions of the DPA – such as “rated” orders – may be familiar, particularly to those in the defense industry, […]
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Contractors Vie to Build Navy Helicopter Trainer

The Navy has kicked off a highly anticipated competition to replace its legacy TH-57 Sea Ranger helicopter trainer, and industry is lining up to bid for the program. More at National Defense Magazine
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Federal Court Rules Contractor Is Not Intended Third-Party Beneficiary under Owner-Engineer Agreement

In March, a Massachusetts federal court addressed whether a design-builder contractor could recover for breach of contract under an intended third-party beneficiary theory against a design firm hired by the project owner to complete 30% designs. In Arco Ingenieros, S.A. DE C.V. v. CDM International Inc., a Salvadoran contractor entered into a design-build agreement with […]
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EU Lawmakers Push for Cybersecurity, Data Audit of Facebook

European Union lawmakers appear ready to demand audits of Facebook by Europe’s cybersecurity agency and data protection authority, in the wake of the Cambridge Analytica scandal. A draft resolution submitted to the EU Parliament’s civil liberties and justice committee urged Facebook to accept “a full and independent audit of its platform investigating data protection and […]
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Congress Strikes Blow to “Fair Play and Safe Workplaces”

The House recently used its authority under the Congressional Review Act to vote to disapprove the Obama administration’s Fair Pay and Safe Workplaces executive order and implementing regulations. The resolution now goes to the Senate for consideration; if passed by the Senate and signed by the president, the rules will be permanently blocked from going […]
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GAO Clarifies Increase-the-Scope Exception For Task Order Jurisdiction

Koprince Law – GAO may only consider protests to civilian agency task or delivery orders under $10,000,000 if the protests allege that the order increases the scope, period, or maximum value of the underlying contract. GAO recently dismissed a case for lack of jurisdiction where the protester relied on the underlying contract’s ordering clause to […]
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Employment Law Compliance Should Remain A Top Concern in 2017

The results of the November election should not lull contractors into a state of complacency about the durability of executive orders and regulations mandating sick leave, a minimum wage, and other benefits for federal contractor employees. State and local governments have been increasingly active in passing legislation governing employers, including increased minimum wage requirements, paid […]
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How to Succeed Under SBA’s New Mentor-Protege Program

Contractors considering applying to the Small Business Administration’s mentor-protégé program should take some key considerations into account to maximize their potential for success. Vendors should fully vet their partners before applying to SBA, and consider a short-term prime/subcontractor arrange prior to committing to a mentor-protégé relationship. More at Piliero Mazza
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Lawmakers Look to Shield Defense Contractors from COVID-19 Fallout

Virginia Democrat Sen. Mark Warner and Texas Republican Rep. Mac Thornberry hope to protect national security by bolstering the industrial base.

Transparency International Report Examines Effectiveness of Anti-Corruption Agencies in Asia

In Strengthening Anti-Corruption Agencies in Asia Pacific, Transparency International reports the findings of research into the strengths and weaknesses of ACAs in six Asian countries – Bangladesh, Bhutan, Indonesia, Maldives, Pakistan and Sri Lanka. In the report, researchers examined seven key components of anti-corruption agencies and scored their effectiveness using a specially developed methodology based on 50 […]
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